Home Affairs Minister, Dr Leon Schreiber, has welcomed the Constitutional Court judgment handed down in respect of section 6(1)(a) of the South African Citizenship Act 88 of 1995, regarding the loss of citizenship.
In its unanimous judgment, the Constitutional Court affirmed an earlier ruling by the Supreme Court of Appeal that section 6(1)(a) of the Act is unconstitutional.
This section held that from 6 October 1995 onwards, if a South African acquired the citizenship of another country without first applying for, and obtaining ministerial permission to retain their citizenship, they would automatically lose their South African citizenship.
“This judgment settles a legal matter that has been contested for some time and lays the foundation for restoring the dignity of all South Africans who lost their citizenship due to this unconstitutional provision.
“South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birthright in the manner that was previously done.
“Home Affairs will not only abide by this ruling, but has immediately started work to enable affected individuals to confirm their citizenship reinstatement,” Schreiber said.
To ensure compliance, Home Affairs will consider the implications of the judgment for legislative amendments, if any.
In line with the department’s vision for digital transformation, work has now commenced to build a dedicated online portal where any person who believes they were adversely affected by the unconstitutional provision can lodge an online case to confirm their citizenship reinstatement from anywhere in the world.
“It is important to note that this will only apply to cases of lost citizenship dating from 6 October 1995.
“The department is committed to speedily completing the development of this portal to facilitate effective compliance with the court ruling, and we aim for the system to go live by next month. The public will be informed once this happens,” the Minister said.
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