DA ConCourt victory protects citizenship for South Africans

Key topicsConCourt rules Section 6 of Citizenship Act unconstitutionalSA citizens abroad can restore citizenship lost over dual nationalityDA wins 10-year legal battle protecting citizenship rights.Sign up for your early morning brew of the BizNews Insider to keep you up to speed with the content that matters. The newsletter will land in your inbox at 5:30am weekdays. Register here.Support South Africa’s bastion of independent journalism, offering balanced insights on investments, business, and the political economy, by joining BizNews Premium. Register here.If you prefer WhatsApp for updates, sign up to the BizNews channel here..By The Democratic Alliance6 May 2025The Constitutional Court ruled today in favour of an application by the DA to secure the citizenship of South Africans with dual nationality.This is the culmination of a 10-year legal battle by the DA and our ancillary organisation, DA Abroad, to restore the citizenship of South Africans who lost their citizenship after obtaining a second nationality without receiving a “Retention of Citizenship” letter beforehand.Today’s victory also means that all South Africans who inadvertently lost their citizenship have the right to get it restored. This victory is a testament to the mandate South African voters have given the DA to fight for their rights, to protect them from government abuse of power, and to uphold the Constitution. The DA’s legal challenge to the constitutionality of Section 6(1)(a) of the South African Citizenship Act 88 of 1995, was based on the requirement in Section 6 that South African citizens had to apply for and obtain a 'Retention of Citizenship' letter from the Minister of Home Affairs before acquiring a second nationality, or else lose their citizenship automatically. That section has now been declared unconstitutional.For nearly 2 million South Africans living abroad, this victory is monumental. It is equally important for those living in South Africa who have acquired a second nationality.So many South African citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship, without warning.Throughout this legal battle, we were resisted, opposed and obstructed at every turn by the previous Ministers of Home Affairs at every level, including most notably former Minister Aaron Motsoaledi.Today’s ruling is a victory, and now begins the next crucial step: ensuring the restoration, through the Department of Home Affairs, of South African citizenship for all those who were stripped of their citizenship unconstitutionally.For those who do not wish to have their South African citizenship reinstated, an opt-out mechanism should be available. Children born to parents who lost their citizenship must also be given a pathway to South African citizenship.The DA will continue working to ensure that these rights are fully realisable..Read what the community had to say about the judgement on the BizNews Interactive WhatsApp Channel..''🔥 We've just had a scathing judgement by the Constitutional Court against the previous ANC Ministers of Home Affairs 🔥 The DA fought this fight for 11 years on behalf of South African’s with dual citizenship.It’s another legal snot klap for the ANC by the DA 💪🏻''---------------------------------------------''I just wish that these scathing judgements by the highest court in the country against the ANC govt and its recalcitrant ministers would result in personal costs orders against those ANC scoundrels. That’s the only way that they are going to learn, when it hits them in their pockets, not the tax payers are per normal 😩''---------------------------------------------''That’s the second emphatic victory for the DA in the courts in as many weeks, and the third matter being the Employment Equity regulations is being heard in the high court today. Viva DA viva 💪''---------------------------------------------''If the ANC won’t listen to their GNU partners in govt, they will hear it loud and clear from the courts''---------------------------------------------''Hi All, not going to delve into too much detail, but just wanted to highlight that about 5 years ago my baby daughter at the time was effectively rendered Stateless (and in a foreign country) because of this absolutely K@K and most sickening policy that prevailed on the day. I was in the fortunate position where I was (and still am) a corporate lawyer and could easily navigate my way around the Govt. and system of the day, and was also fortunate to have the resources to do so. I won ultimately, but it was a singular win, while I know (many, many, many) other LEGITIMATE SOUTH AFRICANS were left languishing in the wilderness so-to-speak for years and years on end, and with devastating consequences. WELL DONE DA FOR GETTING THIS DONE! FIVE STARS FOR YOU TODAY! ⭐⭐⭐⭐⭐''---------------------------------------------''On all of this, it would be wise to remember Kruschev's predeliction for USA and the West in 1959. Also the "bible" followed by messrs Mantashe/Nxesi. The DA's court case will also mean stamping on the proposed BEE Foundation Bill today and, I hope the National State Enterprises Bill, all procurement legislation and Nxesi' labour laws strangling business. Ramaphosa is simply executing, before it is too late, text book socialism.''---------------------------------------------.Subscribe to BizNews Premium to join the BizNews WhatsApp channels - including channels for Investing, Sports, Bitcoin and more...

DA ConCourt victory protects citizenship for South Africans

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