Democratic Alliance v The Minister of Home Affairs and Another

The Democratic Alliance (DA) challenged the constitutional validity of section 6(1)(a) of the South African Citizenship Act 88 of 1995. That provision provides for the automatic loss of South African citizenship by adult citizens who voluntarily and formally acquire the citizenship of another country, unless they first obtain ministerial permission to retain South African citizenship. The challenge was brought on behalf of affected citizens, illustrated by the case of Mr Phillip Plaatjes, who acquired British citizenship while living abroad and later discovered that his South African citizenship had been automatically lost without notice. When he attempted to renew his South African passport, it was cancelled on the basis of section 6(1)(a). The High Court dismissed the DA’s application, finding the provision rational and constitutionally permissible. The DA appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The High Court order was set aside. Section 6(1)(a) of the South African Citizenship Act 88 of 1995 was declared inconsistent with the Constitution and invalid from its promulgation on 6 October 1995. All citizens who lost their citizenship by operation of section 6(1)(a) were declared deemed not to have lost their South African citizenship.

This case is significant for affirming the strong constitutional protection of South African citizenship and clarifying that legislation providing for the loss of citizenship must comply with the rule of law and rationality requirements. It confirms that section 3(3) of the Constitution does not authorise arbitrary or automatic loss of citizenship and reinforces section 20’s prohibition on deprivation of citizenship. The judgment has wide practical impact by restoring citizenship to individuals who lost it automatically under section 6(1)(a) since 1995.