Constitutional Court Restores Citizenship Rights for South Africans Abroad
In a landmark decision welcomed by citizenship experts and the broader South African diaspora, the Constitutional Court has unanimously confirmed that section 6(1)(a) of the South African Citizenship Act is unconstitutional and invalid from its promulgation in 1995. This provision had automatically stripped South Africans of their citizenship if they voluntarily acquired another nationality, unless they had secured prior permission from the Minister of Home Affairs. The Court declared that all those who lost their citizenship under this provision (i.e. after 6 October 1995) are now deemed never to have lost it, restoring the rights and status of countless South Africans who had found themselves unexpectedly disenfranchised.
This judgment is a monumental affirmation of the constitutional right to citizenship and the importance of legal certainty for South Africans at home and abroad. IMCOSA welcomes this outcome, which aligns with international trends supporting dual citizenship and recognises the realities of a globalised world. We encourage anyone affected by the previous provision to contact us for guidance on the restoration of their citizenship status and to ensure their rights are fully protected going forward. Special processes are being put in place by the government for this purpose, which we will be able to help navigate.
Would you like more information on how to restore your citizenship or what this means for your family?