07 May Constitutional Court Rules in favour Dual Citizenship

The Constitutional Court of South Africa delivered a landmark judgement on May 6, 2025, in favour of an application by the Democratic Alliance (DA). The court upheld the citizenship of South Africans who had unintentionally lost their nationality due to acquiring dual citizenship.

This decision was preceded by a lengthy battle in court led by the DA, protesting the constitutionality of Section 6(1)(a) of the South African Citizenship Act, 1995.  All the people who lost their citizenship as a result of this provision have the right to regain their South African nationality.

Section 6(1)(a) of the Citizenship Act stated that South Africans lost their citizenship automatically upon acquiring a foreign nationality, subject to the fact that the Minister of Home Affairs had previously exempted them from such. This created unintended loss of citizenship among most people who took up a foreign nationality without understanding what implications this would have for their South African status.

The Constitutional Court maintained the previous ruling of the Supreme Court of Appeal (SCA), which had ruled Section 6(1)(a) unconstitutional. The Court ruled that this provision was irrational and also that it infringed on the constitutional right to citizenship, as enshrined in Section 20 of the South African Constitution, unjustifiably. Accordingly, the court focused on the aspect that involuntary loss of citizenship without notice or personal consideration was capricious and against the principles of justice and legality.

“What is significant here is that any person who lost their citizenship after the passing of the Constitution is now considered to have never lost it. This decision effectively reversed decades of hardship for many South Africans abroad,” June Luna of June Luna Immigration Attorneys asserts.

DA spokesperson, Willie Aucamp, stated that this decision was the culmination of efforts by the party and DA Abroad to restore the rights of South Africans who lost citizenship due to the provision. “This victory also means that all South Africans who inadvertently lost their citizenship have had it restored,” concludes Aucamp.

If you or anyone close to you has been impacted by this law and has concerns regarding your South African citizen status since the new ruling, reach out to our dedicated team of professionals at June Luna Immigration Attorneys for a consultation.