By Daanyaal Matthews
The Constitutional Court has ruled against key provisions of the South African Citizenship Act that allowed South Africans to lose their citizenship upon acquiring citizenship of another country. The court further ruled that this decision applies retroactively, meaning those affected by the Act have not, in fact, lost their South African citizenship.
The Act came under scrutiny following a court case lodged by the Democratic Alliance, after it emerged that Philip Plaatjies—a chartered accountant born in Cape Town—had lost his South African citizenship upon becoming a naturalised citizen of the United Kingdom through marriage.
Speaking on VOC Newsbeat, Advocate Paul Hoffman, Director of Accountability Now, explained that the Citizenship Act violated several constitutional principles. He highlighted that it was in direct conflict with Sections 20 and 26 of the Constitution, which ultimately led to the Constitutional Court’s ruling.
“That is why the Constitutional Court reviewed those sections and found that they did not make sense—it would not allow such provisions to stand,” Hoffman stated.
He further explained that individuals who had previously lost their citizenship would now need to provide proof of their former South African citizenship at the Department of Home Affairs to have their status reinstated.
“All dual citizens are entitled to hold both citizenships. If they wish to reclaim their South African citizenship, they simply need to prove that they were citizens before it was taken away. The Department of Home Affairs will then be obligated to issue a passport on the basis that they were, and still are, South African citizens.”
Listen to the full interview here:
