South Africa
ConCourt rules on Citizenship Act─── 16:51 Wed, 22 Jul 2020
The Constitutional Court has ordered the Department of Home Affairs to grant citizenship to five people who were born outside South Africa before January 2013.
The five approached the court to contest the amended Citizenship Act of 2010.
The applicants, who all have at least one South African parent, argued that the act does not allow for persons born before it commenced in 2013 to retain or obtain citizenship.
At the centre of the legal wrangle was the application for the section and whether it only applies to those who were born after the commencement of the act, or whether it should apply retrospectively to those who were born before its commencement.
In its ruling, the apex court found that retrospective application would be an anomaly and impede rights that protect against the deprivation of citizenship.
The court stated that the only requirement for citizenship is at least one parent who is a South African citizen.
