Key Takeaways
• South Africa’s Constitutional Court ruled section 6(1)(a) of the South African Citizenship Act unconstitutional on May 7, 2025.
• Thousands who lost citizenship by gaining another nationality since October 1995 are now recognized as South African citizens again.
• Government will launch an online portal by June 2025 to help affected individuals confirm and reinstate their citizenship status.
The highest court in South Africa 🇿🇦, known as the Constitutional Court, has made a very important decision about citizenship rights. On May 7, 2025, the court unanimously ruled that a key part of the South African Citizenship Act—specifically section 6(1)(a)—is both unconstitutional and invalid. This section, in place since October 6, 1995, made it so South Africans would lose their citizenship automatically if they became a citizen of another country, unless they got special permission from the Minister of Home Affairs first.
This ruling has far-reaching effects for thousands of people inside and outside of South Africa 🇿🇦. Below, we’ll break down what the decision means, how we got here, and what happens next for those affected.
What Did the Constitutional Court Decide?
The Constitutional Court decided that section 6(1)(a) of the South African Citizenship Act does not fit with the rights guaranteed by the country’s Constitution. In simple words, the court said it is unfair for the law to take away citizenship just because a person becomes a citizen somewhere else, without asking for official permission first.
Justice Steven Majiedt, who wrote the judgment, called this rule “utterly irrational.” He explained that there was no good reason for South Africans to lose their citizenship only because they also become citizens of another country. Losing citizenship in this automatic way, the court said, goes against section 20 of South Africa’s Constitution. This part of the Constitution says that no citizen may be kicked out of their citizenship.
The court went further and explained that losing citizenship has a ripple effect on other important rights, including:
- The right to vote
- The right to live anywhere in South Africa 🇿🇦
- The right to run for public office or serve the country
- The right to pick any job or career
Before the court’s decision, the government believed it had good reason for the rule. They claimed it was necessary for things like loyalty to South Africa 🇿🇦 and legal clarity. But the court found that these reasons did not justify such a harsh rule, especially since many people lost their citizenship by accident or without knowing.
How Many People Does This Affect?
This decision impacts thousands of people who unknowingly lost their citizenship since October 1995. For almost three decades, anyone who became a citizen of another country without getting formal permission could have lost their South African citizenship. Sometimes, they only found out much later—when they tried to return home, apply for government documents, or hand down their citizenship to children.
Now, thanks to the Constitutional Court, the law must treat all of these people as if they never lost their citizenship at all. The ruling is what’s called “retrospective,” meaning it looks back in time. So, even if you lost your citizenship years ago under this rule, you are now recognized as having always been a citizen.
How Did the Court Reach This Decision?
This wasn’t a quick or simple process. The fight for this change began over ten years ago, led by the main opposition party, the Democratic Alliance (DA), and DA Abroad, its group for South Africans living overseas.
A number of affected people, supported by these groups, challenged the rule in court. They argued that section 6(1)(a) of the South African Citizenship Act took away citizenship without good enough reason. At first, the High Court did not agree. That court said the law had a valid purpose and that losing citizenship here was not the same as being denied citizenship.
Not giving up, the DA and others appealed to a higher court, the Supreme Court of Appeal. In June 2023, that court found the law did not match up with the Constitution’s promises and served no logical and fair purpose. The Supreme Court of Appeal agreed with those challenging the rule, saying it was irrational and invalid.
In 2025, South Africa’s highest court, the Constitutional Court, agreed—and made its decision final and binding.
How Has the Government Responded?
After the judgment, Home Affairs Minister Dr. Leon Schreiber welcomed the court’s decision. He said, “South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birth right in the manner that was previously done.”
This means the government now stands with the court in saying dual citizenship is allowed, and the way citizenship was lost before is not fair.
To help people affected by the old law, the Department of Home Affairs has promised to do several things:
- Look at what legal changes might be needed to bring the South African Citizenship Act up to date with the Constitution
- Build an online portal where people can check if their citizenship has been put back in place
- Make this online system ready by June 2025
With this new tool, people all over the world can check their status and get proof that they are South African citizens again. This will be especially helpful for those who have been living in other countries for years and may not be able to come back in person right away.
For anyone interested, the official South African Department of Home Affairs website has information about citizenship status.
What Does This Mean for South Africans Everywhere?
This ruling is good news for South Africans who have lived, worked, or studied in other countries and for those who have close family members abroad. It also gives peace of mind to parents worried about their children’s right to be recognized as South African.
For many, returning home or staying connected to South Africa 🇿🇦 just became easier. They no longer risk losing their citizenship by becoming citizens somewhere else. Dual citizenship, which means holding citizenship in more than one country at the same time, is now recognized and protected unless someone actively gives it up.
The ruling also brings South Africa 🇿🇦 in line with what many other countries now do. The Constitutional Court pointed out that in today’s world, where people often move between countries for work, school, or family, allowing people to keep more than one citizenship is more common than ever before. In many places, a person can only lose their citizenship if they choose to give it up on purpose—not simply because they gain another.
Looking at the Bigger Picture
The idea that citizenship can be lost just by taking another has its roots in older ideas about loyalty and belonging. In the past, some countries worried that people with dual citizenship might be less loyal or might be caught between conflicting duties. But today, as people and families become more global, these fears have softened.
Dual citizenship has become the norm in many developed countries. Parliaments, courts, and governments across the world have moved toward protecting citizenship as a core right that should only be lost if someone freely and knowingly gives it up. Instead of being a threat, dual citizenship is now seen as strengthening ties between countries and making life easier for people with roots in more than one place.
The court’s decision strongly supports these modern values. It says that South Africans can belong to more than one country, and that their connection to their homeland should not be broken without a very good reason.
What If You Are Affected? Steps to Take Next
If you or someone you know lost their South African citizenship under the old rule, there are some clear steps to take now:
- Go to the Department of Home Affairs website (www.dha.gov.za) to check announcements about the new online portal and eligibility
- When the portal is live, use it to confirm your citizenship status and get proof if you need it
- You may need to check your old records or documents to see if you were affected by section 6(1)(a)
If you need to travel or prove your citizenship soon, the Department of Home Affairs should be your first stop for updated procedures. As reported by VisaVerge.com, this court ruling restores the citizenship rights of many and will likely bring new rules and clear instructions from the government in the coming months.
Will There Be Changes to Other Laws?
Along with helping people affected by the old law, the government must now make sure all its citizenship rules match the Constitution. Officials have said they will review the South African Citizenship Act and suggest changes so that no similar problems come up again.
These changes are meant to give a fair process, make the rules clearer, and protect people from losing citizenship by accident. They may also make it easier for South Africans living abroad to interact with embassies and consulates, handle passports and documents, and pass citizenship to their children.
What About Other Countries?
Much of the world now allows dual citizenship. For example, many countries in Europe, North America, and Africa accept that citizens can hold more than one nationality. In fact, many constitutions say that citizenship should only be lost willingly, and not simply because a person becomes a citizen somewhere else.
The decision by South Africa’s Constitutional Court shows the country is moving with the times, keeping up with other countries that see citizenship as something important and lasting. It recognizes the real lives of South Africans who may need to live, study, or work abroad while still wanting to keep their South African identity.
The judgment also makes it easier for parents to give their children the gift of citizenship, wherever they are born or raised.
What Rights Does Citizenship Protect?
South African citizenship is about more than just a passport. It gives people strong legal rights that include:
- The right to vote in South African elections
- The right to live, work, and travel freely in South Africa 🇿🇦
- The right to own property and do business
- Access to public services like education, health care, and social benefits
- The chance to stand for public office or serve as a government leader
Losing citizenship puts all these rights at risk. The court said that protecting these rights is key and must not depend on someone’s choice to get another citizenship, unless they clearly ask to give up their South African one.
Difference Between Losing and Giving Up Citizenship
The law may require some formal process before a person can lose such basic rights. The court said that citizenship should not just be “lost” in the background, without clear notice or a real process. If someone wants to give up being a South African citizen on their own, there are clear steps. But if the government wants to take it away, there must be a fair hearing and strong reasons.
A New Direction for South Africa
This court decision is a turning point for South African law. It will have a positive effect on many people who, for years, felt pushed out or disconnected from their original country for reasons beyond their control. The government’s quick move to build new tools, share information, and change the law is a good sign for the future.
In summary:
- The Constitutional Court has ruled section 6(1)(a) of the South African Citizenship Act unconstitutional
- All people who lost citizenship since 1995 under this section are now seen as never having lost it
- The Department of Home Affairs will help people with online checks and new procedures
- The government will update its laws to match the Constitution and the court’s decision
- South Africa 🇿🇦 now joins the growing list of countries that protect dual citizenship as a basic right
For the latest details on citizenship laws, and to access official forms or information, visit the Department of Home Affairs or follow news from trusted sources like VisaVerge.com.
If you or your family might be affected by this change, look out for updates and use the coming online tools to secure your rightful place as a South African citizen. This ruling marks a new start for thousands of people and shows how important citizenship is in today’s connected world.
Learn Today
Constitutional Court → South Africa’s highest court, responsible for interpreting the Constitution and ensuring that laws comply with constitutional rights.
South African Citizenship Act → The legislation governing how South African citizenship is acquired, lost, or retained, including rules for dual nationality.
Section 6(1)(a) → A provision in the Citizenship Act that caused automatic loss of citizenship upon acquiring another nationality without ministerial permission.
Retrospective Ruling → A legal decision that applies to past actions or situations, not just future cases, restoring rights lost previously.
Dual Citizenship → The status of being legally recognized as a citizen of two countries at the same time.
This Article in a Nutshell
South Africa’s Constitutional Court has declared automatic loss of South African citizenship, after acquiring another nationality, unconstitutional. This historic ruling retroactively restores citizenship to thousands affected since 1995. The government now plans to launch an online portal by June 2025 to help individuals reclaim and verify their citizenship status easily.
— By VisaVerge.com
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