Home Affairs Minister Dr Leon Schreiber has welcomed the Constitutional Court’s unanimous ruling that declares section 6(1)(a) of the South African Citizenship Act 88 of 1995 unconstitutional.
The contested provision, in effect since 6 October 1995, stated that South Africans who acquired citizenship of another country without prior ministerial permission would automatically forfeit their South African citizenship. The Constitutional Court’s decision upholds a previous ruling by the Supreme Court of Appeal, affirming that such an automatic loss of citizenship is unconstitutional.
“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,” said Minister Schreiber.
He emphasised that South African law allows for dual citizenship and that there is no justification for citizens to be stripped of their nationality without due process. “Home Affairs will not only abide by this ruling but has immediately started work to enable affected individuals to confirm their citizenship reinstatement.”
As part of this process, the Department of Home Affairs has begun considering the legal implications of the ruling and whether any legislative amendments may be required to align with the court’s decision.
In line with its ongoing digital transformation strategy, the department is now developing an online portal that will allow individuals impacted by the now-invalidated provision to submit their cases from anywhere in the world. The portal will exclusively handle claims for citizenship lost from 6 October 1995 onwards.
“It is important to note that this will only apply to cases of lost citizenship dating from 6 October 1995. We are committed to completing the development of this system swiftly and aim to have it operational by next month,” Schreiber confirmed.
The department will provide public updates once the portal is ready for use, ensuring that affected individuals are fully informed of the steps needed to reclaim their citizenship.
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