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Decade Long Campaign Culminates Tomorrow at Constitutional Court

Dear Editor

The DA Abroad’s decade long campaign for retaining South African citizenship overseas will be heard by the Constitutional Court tomorrow at 10h00 SAST via virtual sitting.

This follows a protracted court battle led by the DA Abroad, culminating in a Supreme Court of Appeal (SCA) ruling that affirmed 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, unless they actively apply for and obtain a ‘retention of citizenship’ document from the Minister of Home Affairs.

For nearly 2 million South Africans living abroad, this court victory was monumental.

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. However, 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 who lost their citizenship.

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.

The DA Abroad, through its parliamentary representatives, has submitted questions to determine the number of South Africans affected by this unjust loss of citizenship.

We highly anticipate the court hearing tomorrow and continue to stand ready to assist South Africans in reclaiming what is rightfully theirs, with as little inconvenience as possible.

Regards

Ludre Stevens
DA Abroad Leader

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