Loss of Citizenship Court Challenge
On 12 July 2018, the Democratic Alliance (DA) launched an application in the Johannesburg High Court to challenge section 6(1)(a) of the South African Citizenship Act 88 of 1995 (the Act).

This was initiated after we heard stories from a multitude of former South African citizens living abroad who, through no fault of their own, have been stripped of their South African citizenship automatically by section 6(1) of the Act.  Many of these former citizens even approached South African embassies for advice on dual citizenship beforehand, but were given the wrong advice by embassy officials.

Our view is that the current legislation is unconstitutional, however the government is arguing that all of those former South African citizens who lost their citizenship because of section 6(1)(a), chose to lose their citizenship.

We believe that this claim is not only factually incorrect, but is unjust and unfair to the many former South Africans who have experienced the pain and trauma of losing their citizenship against their wishes and without their knowledge.

In order to contest the government’s claims and succeed in our challenge to section 6(1)(a), we need evidence from all former South African citizens who have unknowingly lost their citizenship to assist us in winning this case.  

If you want to make a difference, to change the law and to protect future citizens who may, like you, lose their South African citizenship against their wishes and/or knowledge, please complete this short survey.

It should only take about 10 - 15 min to complete. The survey will remain open until 31 July 2019, and the more responses we have the stronger our case will be, so please do share with everyone you know who has experienced this issue.

Please note that your details will NOT be shared with any person or entity outside of the court case.
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1. First name *
2. Last name *
3. Date of birth *
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4. What was your South African identity number when you were a citizen? *
If we do not provide your identity number, the Department of Home Affairs may claim that you are not a citizen, or not even a real person.  All SA citizens are listed in the national population register, and can be identified by their identity number, so we need this information.  It will not be shared with any person or entity outside of the court case.
5. Country of birth *
6. Country of current residence *
7. Countries of which you are currently a citizen *
Please include all applicable. If you are unsure as to whether you have lost your South African citizenship then please include South Africa as well.
8. How did you become a South African citizen? *
9. If you acquired South African citizenship by naturalisation, on what date did you acquire South African citizenship?
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10. On what date did you acquire foreign citizenship? *
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11. Of what foreign country did you obtain citizenship? *
12. Were you at least 18 years of age at the time you acquired foreign citizenship?
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13. Did the foreign country in question grant you citizenship specifically and solely because you married a citizen of that country?   *
Please note, we are NOT asking whether your MOTIVATION in acquiring foreign citizenship was due to a marriage.  What we are asking is, was the act of marriage the sole, voluntary and formal act by which you acquired the foreign citizenship?  If you had to make a separate application for foreign citizenship in addition to your marriage, then your answer to this question should be NO.
14. Were you aware that you needed to obtain the retention letter in terms of section 6(2) of the South African Citizenship Act (Certificate of Exemption) from the Department of Home Affairs BEFORE applying for foreign citizenship? *
15. Did you intend to lose your South African citizenship when acquiring foreign citizenship? *
16. Does your new country of citizenship allow dual citizenship? *
17. Were you aware of the fact that acquiring the citizenship of a foreign country might result in you automatically losing South African citizenship? *
18. Did you seek advice on the potential risks of obtaining foreign citizenship from any embassy or representative of the Department of Home Affairs? *
19. If yes, did they warn you that you might lose your South African citizenship if you did not have the necessary exemption from the Department of Home Affairs?
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20. If you did seek advice, and you were not warned of the risk that you might lose your citizenship, what advice were you given?
21. Have you received your loss of citizenship letter from Home Affairs? *
22. If yes, on what date did you receive such letter?
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23. Did you, during the time between acquiring foreign citizenship and the date on which you received the loss of citizenship letter, enter or reside in South Africa on the basis of your South African citizenship?
Before you received notice that you had lost your citizenship, you could not know or be blamed for entering the country as a citizen.  The purpose of this information is to show that even the Department of Home Affairs – which should know – cannot or does not keep reliable track of who is a citizen
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24. If yes, approximately how many times did this occur?
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25. If you have been issued with a loss of citizenship letter, have you also received a second letter with your new non-citizen identity number?
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26. If yes, what is your new, non-citizen identity number?
If we do not provide your identity number, the Department of Home Affairs may claim that you are not a citizen, or not even a real person.  All SA citizens are listed in the national population register, and can be identified by their identity number, so we need this information.  It will not be shared with any person or entity outside of the court case.
27. Do you want to regain or resume your South African citizenship? *
28. Would you intend to return permanently to South Africa, if you had your South African citizenship? *
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