ConCourt confirms declaration of constitutional invalidity for parts of Citizenship Act
The section stipulates that South Africans lose their citizenship after voluntarily acquiring the nationality of another country.
The Constitutional Court. Picture: @ConCourtSA/X
JOHANNESBURG - The Constitutional Court has confirmed the declaration of constitutional invalidity for parts of the Citizenship Act.
The section stipulates that South Africans lose their citizenship after voluntarily acquiring the nationality of another country.
[BREAKING] The Constitutional Court has confirmed the declaration of constitutional invalidity of s 6(1)(a) of the Citizenship Act. The section stipulates that South African citizens lose their citizenship after voluntarily acquiring the citizenship of another country.@ZOLEKV_Q
— EWN Reporter (@ewnreporter) May 6, 2025
The Democratic Alliance (DA) approached the apex court for confirmation following an order of the Supreme Court of Appeal (SCA) that declared the section unconstitutional and invalid.
The party argued that it served no legitimate public purpose and was therefore irrational.
The court unanimously agreed with the Government of National Unity (GNU) partner.
Justice Steven Majiedt handed down the judgment: "One: the order of constitutional invalidity of the Supreme Court of Appeal is confirmed. Two: it is declared that Section 6(1)(A) of the South African Citizenship Act 88 of 1995 is inconsistent with the Constitution and is invalid from its promulgation on 6 October 1995. Three: it is further declared that those citizens who lost their citizenship by operation of Section 6(1)(A) of the South African Citizenship Act 88 of 1995 are deemed not to have lost their citizenship."