The Constitutional Court has ruled in favour of the Democratic Alliance in a landmark case protecting the citizenship of South Africans with dual nationality.

After a 10-year legal battle, the court declared Section 6 of the Citizenship Act unconstitutional — a section that saw thousands lose their South African citizenship for not applying for permission before taking on a second nationality.

The ruling means all those who lost their citizenship this way will have it restored.

The DA says it will now push the Department of Home Affairs to ensure those rights are fully reinstated.

The legal challenge to the constitutionality of Section 6(1)(a) of the South African Citizenship Act 88 of 1995, was based on the requirement in Section 6 that South African citizens had to apply for and obtain a ‘Retention of Citizenship’ letter from the Minister of Home Affairs before acquiring a second nationality, or else lose their citizenship automatically.

That section has now been declared unconstitutional.

For nearly 2 million South Africans living abroad, this victory is monumental. It is equally important for those living in South Africa who have acquired a second nationality.

DA National Spokesperson Willie Aucamp says throughout this legal battle, they were opposed and obstructed by previous Ministers of Home Affairs at every level, including most notably former Minister Aaron Motsoaledi.

“Today’s ruling is a victory, and now begins the next crucial step: through the Department of Home Affairs, that South African citizenship is restored for all those who were stripped of their citizenship unconstitutionally.”