The Constitutional Court has struck down Section 6(1)(a) of the South African Citizenship Act, which automatically stripped South Africans of their citizenship upon acquiring a second nationality, IOL reported on Tuesday afternoon.
It also ordered the reinstatement of citizenship for all individuals affected by the section since its enactment in 1995.
The court confirmed the Supreme Court of Appeal’s declaration of constitutional invalidity, finding Section 6(1)(a) inconsistent with the Constitution.
“The provision required South Africans to apply for and obtain a “Retention of Citizenship” letter before acquiring foreign nationality or face automatic loss of citizenship.The Democratic Alliance (DA), which brought the case to the Constitutional Court following the SCA’s decision, argued that the law served no legitimate public purpose and was irrational. The court unanimously agreed, with Justice Steven Majiedt handing down the ruling.It is further declared that those citizens who lost their citizenship by operation of Section 6(1)(a) are deemed not to have lost their citizenship,” reads the report in part.
The DA welcomed the ruling, calling it a landmark victory after a decade-long legal battle.
The Constitutional Court has struck down a decades-old law that stripped South Africans of their citizenship if they obtained a second nationality without official approval. Image: Kamogelo Moichela