The SCA has declared section 6(1)(a) of the South African Citizenship Act invalid, ordering that citizenship be reinstated for thousands of South Africans.
The Supreme Court of Appeal says that laws that strip South Africans of citizenship should they obtain citizenship in another country are inconsistent with the constitution., previously noted that thousands of South Africans were being stripped of their citizenship, with some not even knowing.
South Africans who wanted to retain their South African citizenship would have to apply to the Minister of Home Affairs for permission to do so.Kollapen said that the right not to be deprived of citizenship in the Bill of Rights was aimed at preventing statelessness; however, since the person would receive citizenship in another country, they would not technically be stateless.
Moreover, despite the applicant saying that South Africans are unaware of the law, Kollapen said that South Africans looking to emigrate should familiarize themselves with the necessary laws – ignoring the possibility that some may just want a second passport for easier travel.The SCA agreed with Moore’s sentiments by declaring section 6 of the South African Citizenship Act as inconsistent with the Constitution and invalid.
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