Constitutional Court reserves judgement

On 5 November 2024, the Constitutional Court reserved judgement in the DA Abroad’s citizenship court case following a virtual hearing.

This comes after a protracted court battle led by the DA Abroad in which the Supreme Court of Appeal (SCA) ruled that any South African who lost their citizenship after acquiring another nationality remains a South African citizen.

This ruling was the result of the DA challenging the constitutionality of Section 6(1)(a) of the South African Citizenship Act 88 of 1995. This section currently mandates that South Africans automatically lose their citizenship if they acquire a second nationality while not being a minor, by a voluntary and formal act other than marriage, unless they actively apply for and obtain a ‘retention of citizenship’ document from the Minister of Home Affairs.

Despite the SCA’s judgment in 2023, which the then-Minister of Home Affairs chose not to appeal, the Constitutional Court still needs to ratify this decision.

Once the Constitutional Court concludes this process, restitution mechanisms can be established. The DA Abroad has already identified best practices for this procedure and strongly believes that the restoration of citizenship should be automatic, cost-free, and require no administrative burden on those affected.

For those who do not wish to have their citizenship reinstated, an opt-out mechanism should be provided. Additionally, various scenarios, such as children born to parents who lost their citizenship, must be carefully considered.

We look forward to a final decision by the Constitutional Court and continue to stand ready to assist South Africans in reclaiming what is rightfully theirs, with as little inconvenience as possible. Details regarding the timing of this decision will be released a soon as they are available.