By Doreen Mokgolo
- South Africans who became citizens of another country without permission had their South African citizenship taken away.
- The court has now ruled that the law used to do this is unconstitutional and must be scrapped.
The Democratic Alliance (DA) has won a long court battle against a law that caused many South Africans to lose their citizenship without even knowing it.
On Tuesday, the constitutional court confirmed that part of the Citizenship Act of 1995 is invalid. The court agreed that section 6(1)(a) of the act goes against the Constitution.
The DA and its overseas support group, DA Abroad, took the matter to court after hearing from many South Africans who were shocked to find out they were no longer citizens.
They had lost their citizenship simply because they became citizens of another country, without first asking the Department of Home Affairs for permission by getting a “retention of citizenship” letter.
The law said anyone who got a second citizenship without this letter would automatically lose their South African citizenship.
The DA said the law was unfair and served no real purpose. It said people were losing their rights without being told.
DA national spokesperson Willie Aucamp said: “Many South African citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship, without warning.”
He said the Department of Home Affairs fought them at every step. “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,” he said.
The court’s ruling means the law is now officially unconstitutional. This opens the door for people who lost their South African citizenship under this law to get it back.
Pictured above: Willie Aucamp.
Image source: DA
