ConCourt set to rule on DA’s application on constitutionality of Citizenship Act
The DA sought confirmation of a Supreme Court of Appeal judgment that declared some provisions of the act unconstitutional and invalid.
The Constitutional Court has dismissed an application by the Minister of Home Affairs for leave to appeal a High Court ruling that the Zimbabwean Exemption Permit programme was unlawfully terminated. Picture: Ciaran Ryan/GroundUp
JOHANNESBURG - The Constitutional Court is on Tuesday set to hand down judgment in the Democratic Alliance (DA)’s application on the constitutionality of the Citizenship Act.
The DA sought confirmation of a Supreme Court of Appeal judgment that declared some provisions of the act unconstitutional and invalid.
The party argued that the section of the act that prescribes that South African citizens lose their citizenship after they voluntarily and formally take up citizenship in another country is constitutionally invalid.
Section six, subsection (1)(a) of the Citizenship Act stipulates that a South African citizen shall cease to be a South African citizen if he or she, whilst not being a minor, by some voluntary and formal act other than marriage, acquires the citizenship or nationality of a country other than the Republic.
In a successful application against the Minister of Home Affairs, the DA previously argued that the act was unconstitutional and invalid.
It now seeks confirmation from the apex court for the constitutional invalidity to take effect.
This, as any decision that invalidates provincial or parliamentary legislation, must be confirmed by the Constitutional Court before it has any effect as per section 172 subsection 2(a) of the Constitution.