Reinstatement of lost citizenship for thousands of South Africa in the works

The South African government is poised to abolish a law that revokes citizenship from its nationals, marking a crucial win for thousands of affected individuals. New developments in the case for reinstatement of lost citizenship for thousands of South Africans promise a great victory for the Democratic Alliance and all South Africans abroad.

Background on the South African citizenship law

In accordance with Section 6(1) of the Citizenship Act, South Africans automatically forfeit their citizenship upon voluntarily acquiring citizenship from another country. This provision traces its origins back to the apartheid era, despite the explicit statement in the Constitution preventing the deprivation of South African citizenship.

Constitutional conflict leading to the reinstatement of lost citizenship

The deprivation of citizenship not only infringes upon the constitutional right to citizenship but also encroaches on other protected rights, such as the right to vote, the right to reside in South Africa, the right to stand for public office, and the right to choose any occupation.

Individuals wishing to preserve their South African citizenship under existing laws must submit an application to the Minister of Home Affairs for consideration.

Pretoria High Court proceedings

Despite the matter being brought before the Pretoria High Court, Section 6(1) of the Act was upheld. However, a significant development occurred in June of 2023 when the Supreme Court of Appeal (SCA) declared the section inconsistent with the Constitution, rendering it invalid.

The SCA directed that individuals who lost their citizenship since the enactment of the section in 1995 should be regarded as never having lost their citizenship. The court contended that the Minister’s powers in retaining the fundamental right to citizenship were too ambiguous and undefined.

The Democratic Alliance (DA), serving as the applicant, had their legal costs mandated to be covered by the Department of Home Affairs.

Prospects after the SCA ruling

There remains the possibility of the Department of Home Affairs appealing the case or accepting the SCA’s ruling. However, Adrian Roos of the DA, a member of the Portfolio Committee for Home Affairs, asserted that the Department of Home Affairs would not challenge the SCA’s judgment.

“The ruling of unconstitutionality made by the Supreme Court needs to be ratified by the ConCourt before it comes into force,” Roos explained. “The Minister (Aaron Motsoaledi) indicated in response to an oral question of mine last year in Parliament that he (Home Affairs) would not challenge the judgment. So it’s a matter of waiting for the ConCourt to ratify the ruling,” Roos concluded.

Please note that the information provided here is based on the current status of the case and may be subject to change pending further legal developments. It is recommended to stay informed through official sources and legal advice for the most up-to-date and accurate information.