The Constitutional Court of South Africa has reserved its judgment following a virtual sitting on Tuesday on the long-running citizenship battle led by the Democratic Alliance (DA) Abroad.
This decision follows a notable ruling by the Supreme Court of Appeal (SCA), which clarified that any South African citizen who lost their citizenship upon acquiring another nationality continues to be a South African citizen.
At the heart of this legal challenge is the contentious Section 6(1)(a) of the South African Citizenship Act 88 of 1995. This legislation stipulates that South Africans automatically forfeit their citizenship if they acquire a second nationality while not being a minor, except in cases of marriage, unless they proactively apply for a ‘retention of citizenship’ document from the Minister of Home Affairs.
The DA has contested this provision on constitutional grounds, arguing that it undermines the rights of South Africans living overseas.
The Supreme Court of Appeal’s ruling earlier this year was a significant victory for the DA, which had argued that the law discriminated against individuals who choose to live in other countries.
Following this ruling, the then-Minister of Home Affairs, Dr Aaron Motsoaledi, opted not to appeal, thus setting the stage for the Constitutional Court’s deliberation.
Ludré Stevens, the leader of DA Abroad, expressed hope for a timely resolution from the Constitutional Court. He believes that finality in this matter is essential to implement restitution mechanisms for those affected by the citizenship law.
“Once the Constitutional Court concludes this process, we can establish mechanisms for restitution,” Stevens stated.
He emphasised that the DA Abroad has developed best practices to ensure that the restoration of citizenship is automatic, without cost, and devoid of administrative hurdles.
Furthermore, Stevens noted the importance of providing an opt-out option for those who may choose not to reclaim their citizenship, along with addressing various scenarios, particularly for children of parents who lost their citizenship status.
“We look forward to a final decision by the Constitutional Court and stand ready to assist South Africans in reclaiming what is rightfully theirs, with as little inconvenience as possible,” he added.
In a prior statement, the DA welcomed the SCA ruling, describing it as monumental for nearly two million South Africans residing abroad.
The Star