The Constitutional Court's ruling in favor of the Democratic Alliance has restored citizenship rights for nearly 2 million South Africans living abroad and those with dual nationality, allowing them to participate in the country's next national elections. This landmark victory marks a significant win for the DA's efforts to protect citizens' rights and uphold the Constitution. Source image: Biznews
(The Post News)- After a 10-year legal battle, the Democratic Alliance (DA) has claimed victory as the Constitutional Court ruled in their favor, declaring section 6(1)(a) of the South African Citizenship Act unconstitutional. This victory comes after the DA challenged the constitutionality of the section, which required South African citizens to apply for and obtain a ‘Retention of Citizenship’ letter from the Minister of Home Affairs before acquiring a second nationality, or risk losing their citizenship automatically.
The ruling is being regarded as a huge victory by the DA, as it will allow nearly 2 million South Africans who live abroad to hold dual citizenship, as well as those based in South Africa who hold dual nationality. This is likely to play a role in the country’s next national elections, as those who were previously prevented from voting due to their South African citizenship being revoked will now be able to participate.
Judge Steven Majiedt stated, “In sum, the court holds that the impugned provision is unconstitutional as it infringes the right to citizenship, entrenched in Section 20 of the Constitution, and, consequentially, other constitutional rights, namely political rights, the right to enter and remain in South Africa, and the right to freedom of trade, occupation, and profession.”
The judge concluded that everyone who lost their South African citizenship under section 6(1)(a) is now considered not to have lost it at all.
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