In a landmark ruling that promises to reshape the landscape of South African citizenship rights, the Constitutional Court (ConCourt) declared a portion of the Citizenship Act unconstitutional. The judgment, delivered on Tuesday, centred on an appeal from the Democratic Alliance (DA) challenging Section 6(1)(a) of the Act, which automatically revoked South African citizenship for individuals who voluntarily acquired citizenship of another nation.
Judge Steven Majiedt articulated the court’s findings that Section 6(1)(a) infringes upon fundamental rights guaranteed by the South African Constitution, particularly the right to citizenship under Section 20. The ruling signifies the ConCourt’s commitment to safeguarding individuals against losing their citizenship merely for acquiring another nationality.
The contentious provision, which had been in place since the enactment of the law on 6 October 1995, mandates that South Africans must apply to the Minister of Home Affairs for permission to retain their citizenship before acquiring foreign citizenship. The DA’s argument stressed the disproportionate impact this law had on many South Africans seeking opportunities abroad, advocating that in an era of increasing globalisation, the acceptance of dual citizenship should be the norm rather than the exception.
Judge Majiedt noted, “In a world of increasing globalization and transnational mobility, permitting dual citizenship is the norm rather than the exception.” He further added that several constitutions worldwide only permit loss of citizenship through voluntary renunciation. Thus, it is unjust for South Africans to lose their citizenship based solely on the acquisition of another nationality.
The court’s decision reinforces the Supreme Court of Appeal’s earlier ruling, which also deemed Section 6(1)(a) unconstitutional and called for its immediate striking down. “The impugn provision is unconstitutional in terms of the constitution, but the same is true in respect of the interim constitution,” Majiedt stated, ensuring that this declaration of invalidity would be effective from the date the Citizenship Act was promulgated.
Furthermore, the ruling clarified that anyone who lost their South African citizenship under the controversial section is now reinstated as having retained their citizenship status. The court also ordered that the DA should be reimbursed for its legal costs by the Minister and Director-General of Home Affairs, who have accepted the ConCourt’s determination.
This decision traces back to the case of Philip James Plaatjies, who lost his South African citizenship in 2007 after becoming a naturalised British citizen following his marriage to a British national. Though the DA initially faced setbacks in court, subsequent appeals culminated in this momentous ruling that underscores the ongoing struggle for citizenship rights in South Africa.
In light of this victory, the DA has expressed satisfaction with the ConCourt’s judgement, highlighting the importance of inclusivity and the protection of South African citizens’ rights in an interconnected world.