In a landmark ruling on 6 May 2025, the Constitutional Court delivered a unanimous judgment in Democratic Alliance v Minister of Home Affairs, declaring Section 6(1)(a) of the Citizenship Act, 1995, unconstitutional—thereby restoring dual citizenship rights to affected South Africans.

What the Ruling Decided

The Court held that automatically stripping citizenship from South Africans who voluntarily acquired another nationality was unconstitutional, even if they failed to apply for retention permission. The decision ensures that:

• Section 6(1)(a) no longer applies.
• Individuals who lost citizenship under this provision are deemed to have never lost it.

This aligns with the 2023 Supreme Court of Appeal decision and vindicates the constitutional safeguards of citizenship and equality rights.

Legal and Personal Consequences

Individuals can now regain full citizenship rights without formal reinstatement. This impacts voting, public service eligibility, and travel. However, naturalisation applicants must still verify that their country of origin allows dual nationality, or they may have to renounce the other citizenship.

Why It Matters

At Shepstone & Wylie, we advise affected clients on:

• Re-establishing South African citizenship formally or proceeding under the retrospective ruling.
• Rectifying documentation (passports, IDs, civic records).
• Impacts on estate, tax, and immigration planning.

Conclusion

This constitutional milestone upholds citizenship integrity and modern realities. Attorneys can provide considerable value by guiding clients through the post-verdict landscape—ensuring seamless restoration of rights and compliance with the judgment.