South Africans’ Right to Citizenship – Recent Developments

Issued by Shanees Nkandu on behalf of the FW de Klerk Foundation:

Introduction

The FW de Klerk Foundation’s Human Rights Report Card, 2024, recently examined the health of the various fundamental rights entrenched in the South African Constitution. Amongst other rights, the Constitution firmly protects the right to citizenship: Under section 20, no citizen can be deprived of their citizenship. Furthermore, section 3 establishes a shared national identity, guaranteeing equal rights, privileges and benefits, as well as duties and responsibilities, for all citizens.

Lost citizenship restored

The South African Citizenship Act, 1995, governs the acquisition, loss and restoration of citizenship. In 2023, the Supreme Court of Appeal (“SCA”) ruled that section 6(1)(a) of the Act was unconstitutional as it automatically stripped adult South Africans of their citizenship upon them acquiring another nationality. The court declared this provision invalid from its inception, meaning individuals who had lost their citizenship under this law were deemed never to have lost it. On 6 May 2025, the Constitutional Court confirmed the SCA’s order when it handed down judgment in the case of Democratic Alliance v Minister of Home Affairs and Another.

Citizens with IDs

In 2024, the Department of Home Affairs cleared a backlog of almost 250 000 applications for Identity Documents (“IDs”). The Department attributed this to a change in IT service providers.  IDs enable citizens to open bank accounts, apply for jobs and qualify for government services. The Department also recorded an uptick of the number of Smart ID’s issued between 1 October and 31 December 2024: With nearly one million issued (an overperformance of 69%). IDs enable citizens to open bank accounts, apply for jobs and qualify for government services. The onerous requirements to obtain birth certificates have, however, left many children legally….continue reading this article HERE.

Daleen Oliphant: {2004 – 2009} Daleen Oliphant served as Minister of Land Affairs from 2004 to 2009.
Her focus was on land reform policies, including land restitution and redistribution, to rectify the imbalances of the past.