Johannesburg – A Constitutional Court ruling has restored the citizenship of South Africans who were stripped of their birthright after they acquired the citizenship of another country without first applying for, and obtaining permission from the Home Affairs minister.
The Constitutional Court handed down the judgment today, Tuesday 6 May 2025, in respect of section 6(1)(a) of the South African Citizenship Act 88 of 1995 regarding the loss of citizenship.
In its unanimous judgment, the Constitutional Court affirmed an earlier ruling by the Supreme Court of Appeal that section 6(1)(a) of the Act was unconstitutional.
This section held that, from 6 October 1995 onwards, if a South African acquired the citizenship of another country without first applying for, and obtaining ministerial permission to retain their citizenship, they would automatically lose their South African citizenship.
Commenting on the matter, Home Affairs Minister Dr. Leon Schreiber, said he “welcomes the Constitutional Court judgment handed down today in respect of section 6(1)(a) of the South African Citizenship Act 88 of 1995 regarding the loss of citizenship”.
Minister Schreiber added: “This judgment settles a legal matter that has been contested for some time and lays the foundation for restoring the dignity of all South Africans who lost their citizenship due to this unconstitutional provision.
“South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birthright in the manner that was previously done.
“Home Affairs will not only abide by this ruling but has immediately started work to enable affected individuals to confirm their citizenship reinstatement.”
To ensure compliance, Minister Schreiber said Home Affairs will consider the implications of the judgment for legislative amendments, if any.
“And, in line with our vision for digital transformation, work has now commenced to build a dedicated online portal where any person who believes they were adversely effected by the unconstitutional provision can lodge an online case to confirm their citizenship reinstatement from anywhere in the world,” the minister said.
“It is important to note that this will only apply to cases of lost citizenship dating from on or after 6 October 1995.”
He said the Home Affairs Department was committed to speedily completing the development of this portal to facilitate effective compliance with the Court ruling, and we aim for the system to go live by next month.
“The public will be informed once this happens,” Minister Schreiber said.
His party, the Democratic Alliance (DA) also welcomed the ruling.
In a statement made available to The Bulrushes, Willie Aucamp MP and DA national spokesperson the Constitutional Court ruling in favour of an application by the party secured 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,” Aucamp said.
“Today’s victory also means that all South Africans who inadvertently lost their citizenship have had 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.”
Aucamp explained that 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 two million South Africans living abroad, this victory is monumental,” Aucamp said.
“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 [From the African National Congress party].”
Aucamp said today’s ruling was a “victory, and now begins the next crucial step: through the Department of Home Affairs, that South African citizenship is restored for all those who were stripped of their citizenship unconstitutionally”.
Aucamp said the DA will continue working to ensure these rights are “fully realisable”.
