Legal Action Launched Against Loss of SA Citizenship for So Many South Africans Abroad
The Democratic Alliance (DA) has today announced that it has launched legal action to challenge the loss of South Africa citizenship experienced by so many South Africans abroad when they apply for foreign citizenship. “No South African citizen should be deprived of their citizenship!” says the DA, and points out that the United Nations Declaration […]
The Democratic Alliance (DA) has today announced that it has launched legal action to challenge the loss of South Africa citizenship experienced by so many South Africans abroad when they apply for foreign citizenship.
“No South African citizen should be deprived of their citizenship!” says the DA, and points out that the United Nations Declaration of Human Rights guarantees an individual’s right to citizenship.
However it is not so in South Africa.
Many South Africans are totally oblivious to the current law which states that if you’d like to gain a second citizenship you have to ask for permission from the South African authorities FIRST, before applying for foreign citizenship.
Failure to apply for a Letter of Retention of SA Citizenship results in that South African no longer being a South African citizen.
As one expat, Marijani Fourie, told SAPeople: “I had no idea that I had to file paperwork in order to keep my S.A citizenship when I became an American citizen. Only recently checked and found out that I no longer have my S.A citizenship!”
Rosie Rose in the UK said the same: “My SA citizenship was inadvertently lost when I took on UK citizenship. (I didn’t realise at the time that I would lose it.)”
For many it is traumatic and upsetting to lose their core identity, not to mention inconvenient when one has to fly home suddenly for an illness or death.
It can also be a disadvantage to those who want to open local bank accounts, or return home to their country of birth… but can only do so as “foreign citizens”. (While South Africans may lose their citizenship, they will never lose their right to residency, and if they return to SA and live in the country for 12 consecutive months they can reapply for citizenship.)
The DA said today: “We believe that Section 6(1) (a) of the South African Citizenship Act (88 of 1995) is unconstitutional, and that South Africans are being unlawfully stripped of their right to citizenship when voluntary applying for citizenship of another country.”
While Chapter 20 of the South African Constitution states that, “No citizen may be deprived of citizenship”… Section 6.1 reads that (1) Subject to the provisions of subsection (2), a South African citizen shall cease to be a South African citizen if- (a) he or she whilst not being a minor, by some voluntary and formal act other than marriage, acquires the citizenship or nationality of a county other than the Republic.
The DA says: “Even though the Citizenship Act provides that one can apply to retain citizenship PRIOR to acquiring foreign citizenship, this is very poorly communicated and often misunderstood, resulting in thousands of South Africans unknowingly being stripped of their citizenship, without any notice”… as was the case with Marijani and Rosie.
They are just two of thousands. It’s estimated that between 2010 and 2015, over 2,000 South Africans – mainly in the US, Western Europe, Canada and Australia – lost their citizenship.
The Democratic Alliance has applied to the High Court of the Republic to have Section 6.1 declared unconstitutional and, in addition, to reinstate South African citizenship to all those from whom it was unlawfully stripped.
The DA Abroad says it welcomes this action and will be following the Court case closely with the intention of keeping South Africans abroad informed of its progress.
“South Africans around the world, and in South Africa, may voluntarily take on citizenship of a foreign country for a range of reasons and there is no justifiable reason why they should subsequently and often without their knowledge, lose their South African citizenship,” says the DA Abroad.
The court application was duly issued under case number 48418/18 and served on the Minister of Home Affairs and the Director General on 12 July 2018.
The time for entering an appearance to defend has passed. Should the matter remain unopposed it will be heard on the 12 November 2018.
To support this campaign:
The DA has set up a fundraising page with a target of R500,000 for the campaign. To donate, please click here (where you can donate in your currency):
The DA also asks that everyone share this article on social media, and encourage others to do the same “so those who have lost their SA citizenship are made aware”.
To avoid losing your South African citizenship
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