In a significant development, the South African Chamber of Commerce in the USA (SACCUSA) sought the expertise of leading immigration attorney Karen-Lee Pollak to provide insights on a recent Supreme Court ruling regarding South African citizenship. In this opinion, Ms Pollak delves into a crucial aspect of South African citizenship law that has gone unnoticed by many South Africans living abroad.
She highlights that countless individuals, while acquiring citizenship in other countries, unwittingly lost their South African citizenship due to a little-known law. Section 6(1)(a) of the Citizenship Act of 1995 stipulates that a South African citizen automatically forfeits their citizenship upon acquiring citizenship in another country unless they first seek and receive permission from the Minister of Home Affairs. However, a ray of hope emerged on June 13, 2023, when the Supreme Court of Appeal (SCA) unanimously declared this law unconstitutional in a case brought by the Democratic Alliance.
The court ruled that citizens who lost their South African citizenship under this provision are deemed not to have lost it. This landmark judgment, the result of a five-year legal battle, underscores the constitutional right to citizenship. The case involved an individual named Mr Plaatjes, who, despite becoming a British citizen, maintained a deep connection to South Africa.
This ruling addresses the concerns of numerous South Africans who inadvertently lost their citizenship and offers a chance for reinstatement. While the decision is cause for cautious optimism, the Department of Home Affairs has not confirmed whether it will appeal to the Constitutional Court. The outcome will determine whether South Africans seeking foreign citizenship must continue applying to retain their South African citizenship. This development holds particular significance for the more than 800,000 permanent residents who annually apply for U.S. citizenship.
Karen-Lee Pollak, Managing Attorney at Pollak PLLC, an immigration law firm in Texas, provides invaluable insights into immigration matters. Her expertise offers a guiding light to those navigating the complexities of citizenship issues. As the situation unfolds, South Africans around the world await further updates. The potential reinstatement of citizenship brings hope and renewed connections for many who have called South Africa their home. For those seeking advice on U.S. citizenship or immigration matters, Karen-Lee Pollak and her firm offer expert guidance.
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