The Democratic Alliance (DA) on Tuesday celebrated the victory of its application to secure the citizenship of South Africans with dual nationality, after the Constitutional Court declared Section 6(1)(a) of the South African Citizenship Act, No. 88 of 1995 unconstitutional.

DA national spokesperson Willie Aucamp explained that the DA’s case before the Constitutional Court was for the confirmation of constitutional invalidity of a section of the Citizenship Act, which he said terminated the South African citizenship of persons who did not apply for a retention-of-citizenship before voluntarily obtaining a secondary citizenship in another country.

After a protracted court battle led by the DA Abroad, the Supreme Court of Appeal held in 2023 that this automatic termination of South African citizenship was unconstitutional, and did not give Parliament the option to amend the law, which necessitated the confirmation of invalidity by the Constitutional Court itself.

“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,” Aucamp said.

He highlighted that for nearly two-million South Africans living abroad, this victory was "monumental".

“…it is equally important for those living in South Africa who have acquired a second nationality.

“So many South African citizens had the rug pulled out from under them when they suddenly discovered they had lost their citizenship, without warning,” he said.

Aucamp explained that throughout this legal battle, the DA was “resisted, opposed and obstructed” at every turn by former Ministers of Home Affairs, particularly former Minister Aaron Motsoaledi.

“Today’s ruling is a victory, and now begins the next crucial step: through the Department of Home Affairs, that South African citizenship is restored for all those who were stripped of their citizenship unconstitutionally,” said Aucamp.