Many South Africans are being stripped of their South African citizenship when they voluntarily obtain citizenship in a second country.
Gary Moore, a Senior Researcher at the Free Market Foundation, said that thousands of South Africans are having their citizenship stripped, with many, if not most, not knowing.
Moore looked at a 2021 application made to the Pretoria High Court for an order to declare Section 6(1) of the Citizenship Act constitutionally invalid. Section 6(1) states that South Africans will automatically lose their citizenship if they voluntarily obtain citizenship of another country a continuation of apartheid law. However, the South African Constitution states that no citizen may be deprived of citizenship.
Moore said that Section 6(1) also denies certain fundamental rights to South Africans that are enshrined in the Constitution, including the right to vote, the right to reside in South Africa, the right to stand for public office, and the right to choose any occupation.
South Africans must apply to the Minister of Home Affairs for permission to retain their South African citizenship as per the Citizenship Act. The Minister may thus grant or deny permission at their own discretion. Moore said that the provision is a flagrant violation of South Africa’s Constitution.
The case
The applicant in the case said that many South Africans are unaware of the terms of Section 6(1) of the Act and do not know that they have to approach the Home Affairs Minister for permission to retain their citizenship.
However, Pretoria High Court Judge Jody Kollapen upheld Section 6(1).
Judge Kollapen referred to the Constitution’s founding provisions about citizenship, which state that South Africans are entitled to the rights and benefits of citizenship but are equally subjected to its duties and responsibilities, and the legislation provides for the acquisition, restoration and loss of citizenship.
Kollapen said that the fundamental right to not be “deprived” of citizenship in the Bill of Rights was aimed at preventing statelessness. He added that the Citizenship provision in the Constitution does not apply to South Africans applying for citizenship in another country, as they are not stateless.
Moreover, the judge said that Section 6(1) of the

Citizenship Act did not amount to citizens being “deprived” of citizenship but rather a “loss”, which is a forfeiture and does not meet a justifiable requirement of the Bill of Rights.
Commentary
Moore said that the judge’s decision was superficial and flawed.
He noted that the judge’s interpretation of being deprived of citizenship was to prevent statelessness fails to address another section (8(2)), which authorises the Minister to deprive South Africans with citizenship in another country from their South African citizenship in the public’s interest or if the person has been sentenced to imprisonment for a year or more.
In addition, the applicants shared results from an online survey that showed many South Africans lost their citizenship due to being unaware of Section 6(1), many of whom did not intend to forego their South African citizenship.
However, Kollapen disagreed with this argument and said that South Africans looking to emigrate to other counties with the possibility of acquiring citizenship should familiarise themselves with the relevant laws.
Moore said that Kollapen’s argument failed to consider South African citizens seeking a second passport for easier travel and saw migration as the only possible reason to have a second passport.
Kollapen also relied on the notion of ignorantia juris neminem excusat (“ignorance of the law excuses no one”), but this principle is not generally applied. The courts say that persons cannot be assumed to renounce their legal rights unless they have specifically stated.
Kollapen not only dismissed the application but also dismissed an application for leave to appeal, despite the effect Section 6(1) has on thousands of people’s lives.
The Supreme Court of Appeal (SCA), however, granted leave to appeal, and the appeal is reportedly set to be heard in court on 23 February 2023.
Should the SCA set aside Kollapen’s decision and declare Section 6(1) constitutionally invalid, that order will have to be subsequently confirmed by the Constitutional Court.

www.samigration.com V.4659

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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