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File image: Inside the Constitutional Court in Braamfontein, Johannesburg.
The Constitutional Court will this morning hear the Democratic Alliance’s (DA) bid for the confirmation of the order of the Supreme Court of Appeal that South Africans who lost their citizenship after acquiring another nationality remained the country’s citizens.
The virtual hearing will follow the DA’s challenge of the constitutionality of a section of the Citizenship Act.
The section stipulates that South Africans may lose their citizenship upon voluntary and formal acquisition of citizenship of another country.
To avoid this, they would need prior permission from the Home Affairs Minister.
Following the 2018 loss in the High Court in Pretoria, the opposition party appealed successfully to the SCA, which found in its 2023 judgment, that the said section arbitrarily imposes a loss of citizenship on those who acquire a second citizenship, while failing to advance any legitimate government purpose.
The DA wants the apex court to affirm the SCA order and restore citizenship to those who lost it under the provision.
The application is unopposed.
Leader of the DA abroad, Ludre Stevens, says they are ready to help South Africans overseas who have lost their citizenship to reclaim it.
Stevens says, “Even though the judgment last year wasn’t challenged by the then Minister of Home Affairs, the Constitutional Court still has to give the final go ahead. The DA Abroad firmly believes that this reinstatement should be automatic, free of charge and without any red tape.”
“For anyone who does not want their nationality back, they should have an easy opt-out process but those who want to get it back then it must be seamless. We need to cover all (the) bases including cases like children born to parents who have lost their nationality as well. We are ready to help South Africans to reclaim their nationality with as little hassle as possible,” He adds.
(1/2) Hearing tomorrow at 10h00: Whether this Court should confirm the order of the Supreme Court of Appeal that section 6(1)(a) of the South African Citizenship Act 88 of 1995 is unconstitutional and invalid to the extent that it stipulates that South African citizens
— Constitutional Court (@ConCourtSA) November 4, 2024
