US EditionSouth Africa: DA Constitutional Court Victory Protects Citizenship for South Africans
- In 2025, the Constitutional Court declared unconstitutional a provision in South Africa’s citizenship law that automatically revoked citizenship from individuals who acquired a second nationality.
- This ruling concluded a decade-long legal dispute initiated by the Democratic Alliance, which challenged the automatic revocation of citizenship without obtaining prior authorization related to dual nationality requirements, arguing that this violated constitutional protections.
- The challenge contested Section 6 of the Citizenship Act, which required a 'Retention of Citizenship' letter for South Africans taking another nationality, causing many to lose citizenship unknowingly and without warning.
- Justice Steven Majiedt wrote the unanimous decision, noting the law was a 'constitutional aberration' and citing the case of Phillip Plaatjes, who lost citizenship after naturalizing in the UK and only learned years later when renewing his South African passport.
- The court ruled that the law was unconstitutional and without legal effect starting from when it was enacted in October 1995, instructing the Department of Home Affairs to reinstate citizenship for nearly two million South Africans both abroad and domestically.
20 Articles
20 Articles
Concourt delivers relief for South Africans with dual citizenship – The Mail & Guardian
The constitutional court has upheld an appeal court ruling which struck down a provision of the Citizenship Act in terms of which South Africans were stripped of their nationality when they acquired citizenship of another country. In a unanimous ruling penned by Justice Steven Majiedt, the apex court held that section 6(1)(a) of the act was irrational. All those who have lost their citizenship as a result of the provision in the Act, from its pr…
SA citizenship law is unconstitutional, apex court rules
The South African Citizenship Act stripped citizenship from South Africans who took another country’s citizenship. Now the Constitutional Court has confirmed a Supreme Court ruling that found a section of the Act to be arbitrary and irrational.
ConCourt victory for South Africans who acquired second citizenship
The Constitutional Court on Tuesday declared that section 6(1)(a) of the South African Citizenship Act of 1995 is inconsistent with the constitution and is invalid from its promulgation in October 1995.
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