South Africa: Concourt deliberates on DA Abroad’s citizenship challenge
Published: 6/Nov/2024
Source: The Star (Johannesburg)
The Constitutional Court of South Africa has reserved its judgment following a virtual sitting on Tuesday on the long-running citizenship battle led by the Democratic Alliance (DA) Abroad.
This decision follows a notable ruling by the Supreme Court of Appeal (SCA), which clarified that any South African citizen who lost their citizenship upon acquiring another nationality continues to be a South African citizen.
At the heart of this legal challenge is the contentious Section 6(1)(a) of the South African Citizenship Act 88 of 1995. This legislation stipulates that South Africans automatically forfeit their citizenship if they acquire a second nationality while not being a minor, except in cases of marriage, unless they proactively apply for a ‘retention of citizenship’ document from the Minister of Home Affairs.
The DA has contested this provision on constitutional grounds, arguing that it undermines the rights of South Africans living overseas.
The Supreme Court of Appeal’s ruling earlier this year was a significant victory for the DA, which had argued that the law discriminated against individuals who choose to live in other countries