South Africa: Democratic Alliance v. Minister of Home Affairs and Others (High Court)

Published: 6/Aug/2021
Source: High Court of South Africa, Gauteng Division

48418/2018 [2021] ZAGPPHC 500

[1] This is an application about citizenship and in particular a challenge to the constitutionality of Section 6(1)(a) of the Citizenship Act 88 of 1995 (the Act) which provides in broad terms for the loss of South African citizenship upon voluntarily and formally acquiring the citizenship of another country.

[2] For the sake of completeness the relief sought is set at as follows in the Notice of Motion :-

“1. Declaring that section 6(1)(a) of the South African Citizenship Act 88 of 1995 (“the Act”) is inconsistent with the Constitution of the Republic of South Africa, 1996 (“the Constitution” and invalid from the date of 6 October 1995;

2. Declaring that all persons who had lost their South African citizenship in terms of section 6(1)(a) of the Act on or after 6 October 1995, are South African citizens;

3. Declaring that all persons referred to in paragraph 3 may apply to the First Respondent in terms of section 15 of the Act for the appropriate certificate of citizenship;

4. Directing that the Applicant’s costs are be paid by the Respondents, jointly and severally, the one paying the other to be absolved, such costs to include the costs of three counsel.”

Order: Application dismissed

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Themes: Dual Nationality, Loss and Deprivation of Nationality
Regions: South Africa
Year: 2021