South Africa’s Constitutional Court strikes down dual citizenship restriction

In a landmark ruling, South Africa’s Constitutional Court has declared Section 6(1)(a) of the Citizenship Act unconstitutional, a provision that had automatically stripped citizens of their nationality if they acquired another citizenship without prior permission. The ruling, delivered on May 6, 2025, restores citizenship to thousands of South Africans who lost it under the now-invalidated clause.

The Democratic Alliance (DA), which initiated the legal challenge, hailed the judgment as a significant victory for South Africans both at home and abroad. Adrian Roos, DA spokesperson on Home Affairs, said, “Today’s victory also means that all South Africans who inadvertently lost their citizenship have had it restored. This victory is a testament to the mandate South African voters have given the DA to fight for their rights, to protect them from government abuse of power, and to uphold the Constitution”.

The court’s decision affirms a 2023 ruling by the Supreme Court of Appeal, which found the provision irrational and inconsistent with the Constitution. The Constitutional Court’s judgment confirms that the invalidation of Section 6(1)(a) applies retroactively to its commencement in October 1995.

Minister Leon Schreiber

Minister of Home Affairs Leon Schreiber welcomed the ruling, stating, “This judgment settles a legal matter that has been contested for some time and lays the foundation for restoring the dignity of all South Africans who lost their citizenship due to this unconstitutional provision. South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birthright in the manner that was previously done”.

The Department of Home Affairs has announced plans to develop an online verification portal to assist affected individuals in confirming their citizenship status and facilitating the restoration process.

This ruling marks the culmination of a decade-long legal battle led by the DA and its affiliate, DA Abroad, aiming to protect the rights of South Africans with dual nationality. The decision ensures that citizens are no longer penalized for acquiring additional citizenships and reinforces the constitutional protections afforded to all South Africans.