Landmark Ruling Protects Dual Citizenship for South Africans
The Constitutional Court has confirmed the unconstitutionality of part of the South African Citizenship Act that automatically strips South Africans of citizenship upon acquiring the citizenship of another country.
In a unanimous decision, the court struck down the relevant section of the South African Citizenship Act, declaring it invalid from its promulgation in October 1995. The court also ruled that affected South Africans now have their status as citizens returned.
The case, initially brought by the Democratic Alliance (DA), was dismissed by the Pretoria High Court but later upheld by the Supreme Court of Appeal (SCA), prompting the Constitutional Court's confirmation. The Minister and Director-General of Home Affairs - who initially opposed the application - were ordered to cover the legal costs.
InFocus
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In the recently published White Paper On Citizenship, Home Affairs Minister Aaron Motsoaledi said that the legislation contains radical proposals aimed at overhauling the migration system in South Africa.
Motsoaledi added that South Africa should temporarily withdraw from the United Nations Refugee Convention and associated protocols because courts
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The Supreme Court of Appeal has ruled that it is constitutionally invalid for South Africans to lose their citizenship when acquiring those from other nations, writes Andre Van Wyk for AllAfrica.
The ruling effectively strikes down all legislation to the contrary, with the SCA confirming that South Africans who lost their citizenship, will once again be citizens.
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South African passport.
