The Democratic Alliance has claimed victory after the Constitutional Court ordered that South Africans who lost their citizenship when they took up those of other countries were treated unfairly and that they be allowed to remain South Africans even after taking citizenship of other countries.
The Apex court found that a South African Citizenship Act of 1995 that required South Africans to apply for and get a letter from the home affairs minister allowing them to retaining citizenship before taking up that of any countries was unconstitutional.
The DA launched the court action 10 years ago and said today’s ruling is set to benefit some 2 million people, formerly South Africans who have since taken up citizenship elsewhere.
“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,” said DA also acknowledging its foreign arm, DA Abroad.
“The DA singled out then Home Affairs Minister Aaron Motsoaledi who has since been moved to the health portfolio as having been behind government’s refusal to compromise on the matter,” said the party in a statement.
The DA which has so far taken the lion’s share of the so-called foreign vote ( cast in South Africa’s diplomatic missions across the world) during successive elections, believes the ConCourt victory will boost its electoral prospects estimating up to 2 million people living abroad may now be eligible to vote in the next election.
A total of 30 532 voters have applied to cast their vote in the national elections at one of South Africa’s 121 foreign missions.
“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 said.
Current home affairs minister Leon Schrieber swiftly welcomed the judgment indicating the department will immediately start restoring the citizenship of those who forfeited it when they became nationals of other countries.
“Today’s ruling by the ConCourt provides an opportunity to restore the dignity of South Africans who unconstitutionally lost their citizenship after 6 October 1995. Home Affairs is already working to build an online portal for those affected to confirm citizenship reinstatement,” said Schreiber.
Meanwhile judgement has been reserved in the North Gauteng High Court where the DA is challenging the constitutionality of the Employment Equity Amendment Act , a law meant to ensure fairness in the labour market by giving preference to previously disadvantaged individuals.