On the complex topics of deprivation and loss of citizenship and the purge of custodianship.
From Waluś to the Guptas and Chiddima.
[Some extracts below. Read the full Opinion as published on Business Day].
The purge of custodianship
Concurrently to these events, Schreiber has been contending with well-known cases surrounding the revocation of South African citizenship and of identity custodianship with opposing interests. On the one hand, that surrounding the Gupta’s family at large. On 24 November 2024, Schreiber confirmed the revocation of Ajay Gupta’s son’s citizenship. On the other hand, the myriad cases (many yet to be uncovered), of young South Africans whose births have been, in error or by fraud and misrepresentation, registered as those of South African citizens. These individuals, similarly placed as Chidimma Adetshina, may find themselves stripped of a citizenship they genuinely believe in, whilst not having played any role in obtaining it at birth or as minors.
These latter cases, including Chidimma’s, have nothing to do with a deprivation of citizenship in terms of the Citizenship Act – contrary to what has been reported – but are rather related to the rectification/erasure of the records in the National Population Register in the fulfilment of the Department’s mandate of custodianship. A process which leaves the individual no immediate recourse towards a status in South Africa. An identity purged overnight without any direct wrongdoing.
Automatic loss of citizenship, a consequential interlude
Throughout the failed lengthy endeavours to extradite the Guptas from the UAE, rife was the wrangle surrounding an actionable deprivation of their South African citizenships. Action and debate which has since been disabled with the confirmation in May 2023 made by the Vanuatu Citizenship Commission confirming that Atul and Rajesh Gupta, had acquired Vanuatu citizenship. This was just weeks before the Supreme Court of Appeal handed down judgement on the constitutional invalidity of section 6(1)(a) of the Citizenship Act. This section provides for the much debated automatic loss provision of South African citizenship. In simple terms an automatic loss by uninformed omission of an action. Only on 5 November 2024 the CC reserved its judgement. In brief, in terms of current legislation, the Gupta brothers would have already automatically, strategically and timeously ceased to be South African citizens in 2023.
To avoid becoming another cautionary tale to future generations, hopefully, Schreiber will exercise the necessary caution and make consequentially informed decisions surrounding the complex and delicate topic of citizenship. He surely has his work cut out for him
By Claudia Pizzocri | CEO at Eisenberg & Associates Inc.