ConCourt rules in favour of SAns with dual citizenship
The Constitutional Court has ruled that South Africans living abroad can hold dual citizenship without having to sacrifice their South African passport.
Previously, Section 6(1)(a) of the Citizenship Act revoked citizenship upon acquiring another nationality
The apex court declared the provision unconstitutional on Tuesday.
The Democratic Alliance (DA) launched the application on behalf of South Africans who had lost their citizenship through the provision.
The DA argued that the automatic loss of citizenship violated South Africans’ rights to citizenship enshrined in section 20 of the Constitution.
The party further argued that citizens were not afforded prior notice and a justifiable reason.
Reacting to the ruling, the DA described the judgment as a monumental victory following a 10-year legal battle.
"Today’s victory also means that all South Africans who inadvertently lost their citizenship have the right to get it restored," the DA said in a statement.
"For nearly 2 million South Africans living abroad, this victory is monumental. It is equally important for those living in South Africa who have acquired a second nationality."
The victory came after the High Court had previously dismissed the DA's application on the grounds that the provision served a legitimate government purpose.
However, the Supreme Court of Appeal found the provision irrational because of the lack of justification.
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