Latest news with #SouthAfricanCitizenshipAct
IOL News
07-05-2025
- Politics
- IOL News
ANCYL warns of 'dual loyalties' after Citizenship Act declared unconstitutional
Citizenship is not just a legal formality; it's a commitment. The ANCYL urges South Africans to choose loyalty and engage in shaping a just, united nation through the constitutional process. Image: File The African National Congress Youth League (ANCYL) has expressed its concern over the Constitutional Court ruling delivered on Tuesday, which declared Section 6(1)(a) of the South African Citizenship Act unconstitutional. This section previously required South Africans who voluntarily acquired foreign citizenship to automatically forfeit their South African citizenship unless they applied to retain it beforehand. ANCYL secretary general Mntuwoxolo Ngudle emphasised the importance of citizenship as more than an administrative status, underscoring its significance as a commitment to the country and its people. The Youth League's primary concern is that the ruling could create a situation where individuals with dual citizenship may not show the necessary loyalty and dedication to South Africa's future. "We are deeply concerned that this ruling opens the door to dual loyalties at a time when our country needs focused, active citizens committed to building a united, non-racial, and just South Africa. South Africans must decide: are you in or are you out? One cannot enjoy the privileges of being South African while pledging allegiance to another state," said Ngudle. He further expressed that citizenship must not be diluted, especially in light of the country's current socio-economic challenges. "National identity must be protected from dilution, especially when our socio-economic challenges require undivided loyalty and participation," he stated. The ANCYL also directed its criticism at the Democratic Alliance (DA), claiming that the party continues to serve the interests of foreign and elitist forces. Ngudle accused the DA of seeking to benefit those who exploit South African laws to avoid accountability. "Their actions once again expose who they are working for: those who exploit our laws to escape accountability and avoid real contribution to our national development." Responding to the ruling, the Youth League called for greater youth engagement in the ongoing constitutional review process.
Daily Maverick
07-05-2025
- Politics
- Daily Maverick
South African 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. The Constitutional Court has confirmed the unconstitutionality of a law which automatically stripped South Africans of citizenship if they took citizenship of another country. The court, in a unanimous decision, has struck down the relevant section of the South African Citizenship Act, declaring it invalid from its promulgation in October 1995. The court also declared that affected people are now deemed not to have lost their citizenship. The respondents, the minister and director-general of home affairs, were ordered to pay the costs of the application. The matter was initially brought to court by the DA. The party lost its initial challenge in the Pretoria High Court, which ruled that the section was not irrational and did not infringe on constitutional rights, but won in the Supreme Court of Appeal (SCA). The matter came before the Constitutional Court for confirmation of the SCA unconstitutionality ruling. The minister and the director-general agreed to abide by the decision of the court. Justice Steven Majiedt, writing for the Constitutional Court, said the application was supported by Phillip Plaatjes, a chartered accountant born in Cape Town who lost his South African citizenship because of the provisions of the Act. Read the judgment. He left South Africa to teach English in South Korea in November 2002. He never intended his departure to be permanent. But while overseas he met a British citizen who he later married. The couple lived in the UK. He was naturalised, through marriage, as a citizen of the UK in 2007. He believed he would then have 'dual citizenship', but seven years later, when he went to renew his expired South African passport at the South African embassy in London, he found out he had lost his South African citizenship. Justice Majiedt said Plaatjes received his passport back, cut at the corners with the words 'cancelled' stamped across the pages, as well as a letter stating that he had committed a voluntary act which resulted in the automatic loss of his citizenship. However, he remained a permanent resident. 'He says this was one of the saddest days in his life as he was desirous of retaining his South African citizenship,' Justice Majiedt said. He said the DA said it had brought the court application in defence of many South Africans living abroad 'who had acquired a second citizenship in good faith'. The party said this automatic loss of citizenship occurred without their knowledge. The DA had contended that this was a violation of the right to citizenship without justifiable reasons. The respondents initially opposed the application in the Pretoria High Court and in the SCA. They argued that the section affected those who had 'voluntarily' given up their citizenship and that those people could make an application to the minister for permission to hold dual citizenship. After the high court dismissed the application, the SCA ruled that the section of the Act was arbitrary and irrational. It held that there was no reason that individuals who applied for citizenship of another country must, by operation of law, lose their South African citizenship. The SCA also held that this treated South Africans who already had dual citizenship differently from those who intend to acquire citizenship of another country. And, the SCA found, the section of the Act unjustifiably limited political rights, the right to enter and remain in South Africa, and the rights to freedom of trade, occupation and profession. Justice Majiedt said the right to citizenship was 'cherished' and should not be lightly removed. 'Loss of citizenship has severe consequences. It entails being deemed to be a foreigner. 'Where the law automatically terminates citizenship without any forewarning and even knowledge, simply on account of dual citizenship, that is plainly a deprivation of citizenship.' He said all laws were subject to the Constitution and the respondents had failed to advance any legitimate purpose for the section. He said the section also did not provide any criteria for how the minister's discretion was to be exercised. 'The minister is simply given unconstrained free rein to determine in (her) untrammelled discretion whether to permit dual citizenship.' Justice Majiedt said the SCA's reasoning could not be faulted and the plight of Plaatjies 'vividly demonstrated' the irrationality of the section of the Act and that it was a constitutional aberration. He said the Act had come into effect in October 1995, under the interim Constitution, and had remained in place under the current Constitution. It was invalid under both, so the declaration of invalidity must take effect from October 1995. DM
Daily Maverick
06-05-2025
- Politics
- Daily Maverick
Constitutional Court strikes down part of South African Citizenship Act
Law which stripped citizenship from South Africans who took another country's citizenship is unconstitutional, ConCourt rules. A law which automatically stripped South Africans of citizenship if they took citizenship of another country is unconstitutional, the Constitutional Court has ruled. The court struck down part of the South African Citizenship Act. Those affected are now deemed not to have lost their citizenship. The Constitutional Court has confirmed the unconstitutionality of a law which automatically stripped South Africans of citizenship if they took citizenship of another country. The court, in a unanimous decision, has struck down the relevant section of the South African Citizenship Act, declaring it invalid from its promulgation in October 1995. The court also declared that affected people are now deemed not to have lost their citizenship. The respondents, the Minister and Director-General of Home Affairs, were ordered to pay the costs of the application. The matter was initially brought to court by the Democratic Alliance. The party lost its initial challenge in the Pretoria High Court, which ruled that the section was not irrational and did not infringe on constitutional rights, but won in the Supreme Court of Appeal (SCA). The matter came before the Constitutional Court for confirmation of the SCA unconstitutionality ruling. The Minister and the DG agreed to abide by the decision of the court. Justice Steven Majiedt, writing for the Constitutional Court, said the application was supported by Phillip Plaatjes, a chartered accountant born in Cape Town who lost his South African citizenship because of the provisions of the Act. He left South Africa to teach English in South Korea in November 2002. He never intended his departure to be permanent. But while overseas he met a British citizen who he later married. The couple lived in the United Kingdom. He was naturalised, through marriage, as a citizen of the UK in 2007. He believed he would then have 'dual citizenship', but seven years later, when he went to renew his expired South African passport at the South African embassy in London, he found out he had lost his South African citizenship. Justice Majiedt said Plaatjes received his passport back, cut at the corners with the words 'cancelled' stamped across the pages, as well as a letter stating that he had committed a voluntary act which resulted in the automatic loss of his citizenship. However, he remained a permanent resident. 'He says this was one of the saddest days in his life as he was desirous of retaining his South African citizenship,' Justice Majiedt said. He said the DA said it had brought the court application in defence of many South Africans living abroad 'who had acquired a second citizenship in good faith'. The party said this automatic loss of citizenship occurred without their knowledge. The DA had contended that this was a violation of the right to citizenship without justifiable reasons. The respondents initially opposed the application in the Pretoria High Court and in the SCA. They argued that the section affected those who had 'voluntarily' given up their citizenship and that those people could make an application to the Minister for permission to hold dual citizenship. After the High Court dismissed the application, the SCA ruled that the section of the Act was arbitrary and irrational. It held that there was no reason why individuals who applied for citizenship of another country must, by operation of law, lose their South African citizenship. The SCA also held that this treated South Africans who already had dual citizenship differently from those who intend to acquire citizenship of another country. And, the SCA found, the section of the Act unjustifiably limited political rights, the right to enter and remain in South Africa, and the rights to freedom of trade, occupation and profession. Justice Majiedt said the right to citizenship was 'cherished' and should not be lightly removed. 'Loss of citizenship has severe consequences. It entails being deemed to be a foreigner. 'Where the law automatically terminates citizenship without any forewarning and even knowledge, simply on account of dual citizenship, that is plainly a deprivation of citizenship.' He said all laws were subject to the Constitution and the respondents had failed to advance any legitimate purpose for the section. He said the section also did not provide any criteria for how the Minister's discretion was to be exercised. 'The Minister is simply given unconstrained free rein to determine in (her) untrammelled discretion whether to permit dual citizenship.' Justice Majiedt said the SCA's reasoning could not be faulted and the plight of Plaatjies 'vividly demonstrated' the irrationality of the section of the Act and that it was a constitutional aberration. He said the Act had come into effect in October 1995, under the interim constitution, and had remained in place under the current constitution. It was invalid under both, so the declaration of invalidity must take effect from October 1995.
IOL News
06-05-2025
- Politics
- IOL News
News you should know tonight: Top 5 stories you may have missed on May 6, 2025
The Constitutional Court has struck down Section 6(1)(a) of the South African Citizenship Act, which automatically stripped South Africans of their citizenship upon acquiring a second nationality. Good evening, IOL News family! It's Tuesday, May 6, 2025 and it's time for a wrap of the biggest headlines making waves in South Africa and beyond. Don't forget to join the IOL WhatsApp Channel to stay in tune, informed and in the know. ConCourt rules South Africans can't lose citizenship over dual nationality The Constitutional Court has struck down Section 6(1)(a) of the South African Citizenship Act, which automatically stripped South Africans of their citizenship upon acquiring a second nationality. To read on, click here. Suspect loses leg in failed cash-in-transit robbery involving 10 men in Gauteng A suspect in a cash-in-transit (CIT) robbery reportedly lost his leg during a failed heist in the early hours of Tuesday morning in Thokoza on the East Rand. To read on, click here. One Year On: Remembering the George building collapse that claimed 34 lives On May 6, 2024, tragedy struck just after 2pm, and the collapse saw hundreds of emergency personnel rush to save the 62 workers who were working on the five-storey apartment building in George. To read on, click here.
IOL News
06-05-2025
- Politics
- IOL News
ConCourt rules South Africans can't lose citizenship over dual nationality
The Constitutional Court has struck down a decades-old law that stripped South Africans of their citizenship if they obtained a second nationality without official approval. Image: Kamogelo Moichela The Constitutional Court has struck down Section 6(1)(a) of the South African Citizenship Act, which automatically stripped South Africans of their citizenship upon acquiring a second nationality. It also ordered the reinstatement of citizenship for all individuals affected by the section since its enactment in 1995. The court confirmed the Supreme Court of Appeal's declaration of constitutional invalidity, finding Section 6(1)(a) inconsistent with the Constitution. The provision required South Africans to apply for and obtain a 'Retention of Citizenship' letter before acquiring foreign nationality or face automatic loss of citizenship. The Democratic Alliance (DA), which brought the case to the Constitutional Court following the SCA's decision, argued that the law served no legitimate public purpose and was irrational. The court unanimously agreed, with Justice Steven Majiedt handing down the ruling. "It is further declared that those citizens who lost their citizenship by operation of Section 6(1)(a) are deemed not to have lost their citizenship." The DA welcomed the ruling, calling it a landmark victory after a decade-long legal battle. DA spokesperson Willie Aucamp said the decision was the culmination of efforts by the party and DA Abroad to restore the rights of South Africans who lost citizenship due to the provision. 'Today's victory also means that all South Africans who inadvertently lost their citizenship have had it restored,' Aucamp said. 'This is a testament to the mandate South African voters have given the DA to fight for their rights and to uphold the Constitution.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕
