ConCourt rules in favour with dual citizenship

The Constitutional Court has ruled that South Africans living abroad can hold dual citizenship without having to sacrifice their South African passport.

Previously, a Section of the Citizenship Act revoked citizenship upon acquiring another nationality. The apex court declared the provision unconstitutional on Tuesday.

The Democratic Alliance (DA) launched the application on behalf of South Africans who had lost their citizenship through the provision. The DA argued that the automatic loss of citizenship violated South Africans’ rights to citizenship enshrined in section 20 of the Constitution. The party further argued that citizens were not afforded prior notice and a justifiable reason.

Reacting to the ruling, the DA described the judgment as a monumental victory following a 10-year legal battle.

"Today’s victory also means that all South Africans who inadvertently lost their citizenship have the right to get it restored," the DA said in a statement. For nearly 2 million South Africans living abroad, this victory is monumental. It is equally important for those living in South Africa who have acquired a second nationality."

The victory came after the High Court had previously dismissed the DA's application on the grounds that the provision served a legitimate government purpose. However, the Supreme Court of Appeal found the provision irrational because of the lack of justification.

Home Affairs Minister, Dr Leon Schreiber, has welcomed the Constitutional Court judgment

“This judgment settles a legal matter that has been contested for some time and lays the foundation for restoring the dignity of all South Africans who lost their citizenship due to this unconstitutional provision. South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birthright in the manner that was previously done.’’

"Home Affairs will not only abide by this ruling, but has immediately started work to enable affected individuals to confirm their citizenship reinstatement,” Schreiber said.

The minister said that Home Affairs will consider the implications of the judgment for legislative amendments, if any, to ensure compliance.

He says work has now commenced to build a dedicated online portal where any person who believes they were adversely affected by the unconstitutional provision can lodge an online case to confirm their citizenship reinstatement from anywhere in the world.

“It is important to note that this will only apply to cases of lost citizenship dating from 6 October 1995. The department is committed to speedily completing the development of this portal to facilitate effective compliance with the court ruling, and we aim for the system to go live by next month. The public will be informed once this happens,” said Dr Leon Schreiber, Home Affairs Minister.

 

Done by: Mitchum George