ConCourt Declares Section 6(1)(a) Invalid, Home Affairs to Launch Reinstatement Portal

In a landmark decision for South Africans at home and abroad, the Constitutional Court of South Africa has declared section 6(1)(a) of the South African Citizenship Act 88 of 1995 unconstitutional, opening the door for thousands of former citizens to reclaim their birthright. This ruling ends years of legal uncertainty and administrative disenfranchisement for those who lost their South African citizenship solely by acquiring another nationality without official permission.

The unanimous judgment upholds an earlier decision by the Supreme Court of Appeal, confirming that the provision violated constitutional rights by automatically stripping citizens of their nationality without due process or recourse. Section 6(1)(a), which came into effect on 6 October 1995, stated that South Africans who voluntarily acquired foreign citizenship without first seeking and receiving ministerial consent would automatically forfeit their South African citizenship.

Minister Welcomes the Ruling

Home Affairs Minister Dr Leon Schreiber welcomed the ruling as a critical step toward justice and the restoration of dignity. “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,” said Dr Schreiber.

He further emphasized the department's recognition of dual citizenship as a legitimate and internationally accepted status. “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,” he added.

Immediate Action to Restore Rights

Minister Schreiber confirmed that the Department of Home Affairs will fully comply with the court’s ruling and has already initiated steps to address the consequences. Affected individuals will be provided with a mechanism to verify and confirm their citizenship reinstatement.

As part of the department’s broader digital transformation strategy, Home Affairs is developing a secure online portal that will allow affected individuals—regardless of their current location—to submit cases for the confirmation of their reinstated citizenship. The department aims to launch the system by next month and will make a public announcement once it goes live.

“This digital platform will significantly streamline the process, allowing people across the globe to engage with Home Affairs without needing to physically visit an office. It is important to note that this redress applies only to those who lost their citizenship as a result of the unconstitutional provision dating from 6 October 1995,” Schreiber clarified.

Legislative Implications and Broader Impact

In the wake of the judgment, the Department of Home Affairs is also reviewing potential legislative amendments to ensure full compliance with the court’s ruling and to prevent similar constitutional breaches in future.

Legal experts and civil society groups have lauded the court’s judgment as a progressive affirmation of citizenship rights. Critics of section 6(1)(a) had long argued that it unjustly penalized global South Africans—those who migrated for work, education, or family reasons—and disproportionately affected people unaware of the bureaucratic requirement to seek ministerial permission before naturalizing in another country.

Restoring Citizenship, Rebuilding Trust

With the Constitutional Court’s ruling now final, the department faces the challenge of rebuilding trust with the diaspora community and ensuring that those affected can reclaim their South African identity without unnecessary delay.

The decision is expected to have a significant emotional and symbolic impact on individuals who considered their citizenship loss a form of exclusion from their homeland. For many, it represents not just the recovery of a passport, but the reaffirmation of belonging and constitutional protection.

Minister Schreiber concluded, “We are committed to acting swiftly and effectively to ensure justice is done. Our goal is to make the reinstatement process as smooth and transparent as possible for all those who have waited years for this moment.”