Constitutional Court Rules in Favour of Dual Citizenship, South Africans Divided by Latest Ruling

• The Constitutional Court (ConCourt) has ruled in favour of South Africans having dual citizenship
• The ConCourt declared a section of the Citizenship Act to be unlawful as it violated the rights of individuals
• Social media users were divided by the news, with many arguing that the court was showing bias toward some

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

The decision by the Constitutional Court (ConCourt) to rule a section of the Citizenship Act unlawful has left South Africans divided.

The ConCourt ruled that Section 6(1)(a) of the Citizenship Act was unlawful as it violated the rights of people who became citizens of another country.

The court made the ruling on 6 May 2025 after an application made by the Democratic Alliance (DA), which challenged the law.

Why the DA challenged the Act

The party challenged the one section of the Act which stated that South Africans automatically forfeited their citizenship if they voluntarily and formally acquired citizenship of another country.

According to Section 6(2) of the Act, those wishing to retain their SA citizenship have to apply to the Minister of Home Affairs to request it before they obtain a foreign citizenship.

In his ruling, Judge Steven Majiedt found that Section 6(2) was not enough to rule the first section from being invalid.

He also stated that many countries allow dual citizenship, and that loss of citizenship was only permitted through voluntary renunciation in some constitutions.

Individuals who lost citizenship benefits from ConCourt ruling

The court also ruled that Section 6(1)(a) be struck down with immediate effect. It also applies from the date the law was introduced, which was on 6 October 1995.

As a result, any person who lost their SA citizenship as a result of the section since 1995 is now considered not to have lost it at all.

The DA has welcomed the ruling, but not all South Africans are happy with the news.

South Africans split by ConCourt’s ruling

Those against it:

@soso_spayi said:

“Good for whites who run away when things are bad and come back when things are better. SA is alive with possibilities.”

@TauYaPhaahla01 stated:

“We must reject this useless ruling. We can't have courts that are anti-patriotic.”

@Makondlo1 asked:

“The Constitutional Court is behaving like a spy organisation. How will this guarantee that those applying for citizenship in other countries won't spy on SA on their behalf?”

@matwas15 added:

“We can't have a Constitutional Court scrapping Acts of the Constitution. Their job is to interpret the Constitution to the best of their knowledge.”

@epiphany_7 suggested:

“This is a safety net for Afrikaners planning to take Donald Trump’s offer to immigrate to the United States.”

Those for it:

@UnityInSA said:

“This is a good ruling, especially if people want to return to South Africa and bring their wealth back into the country or start-up businesses, etc. It will also encourage people to keep investments in South Africa.”

Nezz Ka Cele Butshingi added:

“Well done, DA. They must please vote so we can keep ANC out, please. A step in the right direction❤️. Illegal immigrants will go home if the ANC is not in power. I am for this change and hope it will work.”

Henny Radiile Mathebe stated:

“I don't see anything wrong with dual citizenship. The government must start focusing on the problems that we are encountering daily. Let them deal with illegal immigrants, crime and corruption.”

Bongivangeli Buthelezi said:

“Good. As useless as SA citizenship is, I don't exactly want to lose it when I become naturalised in the US. So, I can still come back and see my family without problems.”

Source: Briefly News