Key Points
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Dual citizenship rights upheld by Constitutional Court.
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Nearly 2 million citizens affected by invalidated law.
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Citizenship restored retroactively since 1995.
The Constitutional Court ruled that Section 6(1)(a) of the South African Citizenship Act violates the Constitution.
The law automatically revoked the citizenship of South Africans who took on another nationality without official permission.
The court emphasized that this provision was unfair. It removed people’s citizenship without notice or a chance to defend themselves.
Justice Steven Majiedt delivered the ruling and confirmed a prior judgment by the Supreme Court of Appeal.
He stated clearly, “Citizens who lost their citizenship under Section 6(1)(a) are now considered to have never lost it.”
This powerful judgment restores the rights of affected individuals retroactively, dating back to 1995.
DA celebrates legal win in dual citizenship rights case
The Democratic Alliance (DA) led the challenge against the law. After the ruling, the party celebrated what it called a landmark victory.
Spokesperson Willie Aucamp praised the outcome, highlighting that the court had protected the rights of millions of South Africans.
He explained that nearly 2 million people—especially those living abroad—were unaware they had lost their citizenship.
“Today’s victory is a result of years of persistence and advocacy,” he said.
According to Aucamp, the loss of citizenship came as a shock to many. People found out only when they applied for services or re-entered South Africa.
The DA also criticized the Department of Home Affairs and its past ministers. The party argued they resisted necessary change for too long.
Citizenship restoration process now a national priority
With the law officially struck down, the focus now shifts to implementation. The DA has called on the Department of Home Affairs to immediately begin restoring citizenship to all affected individuals.
“This is only the beginning,” said Aucamp. “Now we must ensure the process runs efficiently and reaches every citizen.”
The DA pledged to monitor the process and push for improvements to prevent future rights violations.
Additionally, the party plans to advocate for long-term legal reforms. Their goal is to ensure that no South African ever loses citizenship without due process again.
As the ruling echoes through legal and political circles, the victory marks a turning point in the fight for constitutional fairness.