South Africa’s Supreme Court of Appeal has ruled in favor of several thousand South Africans living abroad who previously lost their citizenship when applying for a second citizenship. The court has invalidated an apartheid-era law, subsequently reinstating South African citizenship for those affected.
The Battle for Citizenship Rights
The Democratic Alliance’s Adrian Roos, Shadow Deputy Minister of Home Affairs, led the battle for the rights of South Africans to their own citizenship. Roos presented arguments to the High Court in early 2021, following a petition by the DA and SAPeople, signed by thousands of South Africans who lost their citizenship unknowingly. After losing the case, Roos pressed on to the Supreme Court of Appeal in February this year, continuing the fight for many individuals who had been stripped of their South African citizenship when they obtained the citizenship of a second country.
The Impact of an Outdated Law
Approximately two million South Africans currently reside abroad, with thousands potentially impacted by an outdated law introduced in October 1995, which required South Africans to apply for and pay for a Letter of Retention from South Africa before applying for a second citizenship. Notably, some of these individuals had even been erroneously informed by South African Embassies in their respective countries.
Unconstitutional Law Stripped of Discretionary Power
The DA argued that Section 6(1)(a) of the South African Citizenship Act was inconsistent with the Constitution and specifically with Section 20 of the Constitution, which states that “No citizen may be deprived of citizenship.” The Supreme Court of Appeal found that this provision granted the Minister an undefined and vague discretionary power concerning the retention of a fundamental right – the right to citizenship.
A Victory for Constitutional Rights
This victory is undoubtedly a cause for celebration for thousands of South Africans living in cities such as Sydney, New York, London, and Istanbul, who can now rightfully reclaim their citizenship. In response to the ruling, Roos expressed his elation, stating that the judgment is “a victory for the constitutional right to citizenship.”
Apartheid-Era Statutes
In a 2020 judgment against Home Affairs, the Constitutional Court noted that stripping millions of black South Africans of their citizenship was one of the most heinous policies of the apartheid regime, rendering many as foreigners in their own birthplace. This provision was carried over from an apartheid-era Citizenship Act that was used by the apartheid government to deprive exiled freedom fighters and those taking citizenship of Bantustans of their South African citizenship without their knowledge. It remains to be seen whether the ruling African National Congress (ANC) will take further action in removing apartheid-era statutes from their legislation, as they have claimed to be committed to doing.
