The Constitutional Court of South Africa delivered a landmark unanimous judgment on May 6, 2025, declaring Section 6(1)(A) of the South African Citizenship Act of 1995, as amended invalid. This momentous decision addresses the ripple effect of three-decades of legislation which resulted in far too many South Africans unknowingly being stripped of their citizenship rights, creating profound generational consequences that will now begin to be remedied.
Section 6(1)(A) of the Citizenship Act had devastating effects on countless South Africans who automatically – and often silently – lost their citizenship upon acquiring citizenship of another country without having prior applied for the retention of their SA citizenships. This provision created a diaspora of ex-South Africans who maintained deep connections to their homeland but were legally alienated from it.
The Court’s ruling re-establishes that citizenship is not merely a statutory privilege but a fundamental constitutional right that cannot be arbitrarily revoked. This ruling aligns South African law with international norms that discourage creating stateless persons and recognize dual citizenship as compatible with national loyalty.
By invalidating Section 6(1)(A), the Court reinforced that citizenship rights are protected by constitutional principles of dignity, equality, and security of the person. Constitutional courts globally have increasingly recognized citizenship as more than a legal status—it represents identity, belonging, and access to civil and political rights. This judgment joins a growing body of international jurisprudence establishing that citizenship cannot be revoked without substantial procedural and substantive protections.
The judgment reaffirms the Constitution’s promise of inclusion and belonging for all South Africans, regardless of where life’s journey has taken them.
by Claudia Pizzocri | CEO at Eisenberg & Associates Inc.