The Constitutional Court has ruled that South Africans who lost their citizenship after acquiring another nationality without official approval will have their citizenship restored.
What the case stems from
This section stated that South Africans would automatically lose their citizenship if they voluntarily obtained citizenship in another country without first applying for and receiving a letter called a “Retention of Citizenship” from the Minister of Home Affairs.
This rule affected thousands of people, including many who live abroad, and led to people losing their South African citizenship without knowing it.
The Democratic Alliance (DA), along with its affiliate DA Abroad, challenged this law, arguing that it was unfair and went against the Constitution.
What the ConCourt ruled
The Constitutional Court ruled that Section 6(1)(a) of the Citizenship Act is unconstitutional. The Court said the law was not clear enough and did not properly protect people’s rights.
It confirmed an earlier High Court judgment that found the section unfairly caused people to lose their citizenship without a proper warning or process.
According to the Court, it was unreasonable to expect people to apply for permission to keep their citizenship when they may not have known that failing to do so would mean losing it.
The judges also pointed out that the Department of Home Affairs had not shown why this rule was necessary.
The Court’s order means this part of the law is now officially removed from the Citizenship Act. More importantly, South Africans who were affected by this law will have their citizenship automatically restored.
This is what the court’s decision means
The ruling has major implications. First, it restores citizenship to many South Africans who were stripped of it automatically after taking another country’s nationality. This includes people who have lived and worked abroad for years and only later found out they were no longer considered South African.
The judgment also sets a precedent for how government laws must be written and applied—especially when they involve something as important as citizenship. People should not lose such a fundamental right without being fully informed and given a fair chance to respond.
The DA welcomed the ruling as a win for citizens’ rights.
“So many South African citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship, without warning,” the party stated.
The Department of Home Affairs is now expected to restore citizenship to affected individuals and update its systems accordingly.
The DA says it will monitor the process to ensure that rights are fully returned and protected.
