# Automatic Loss of Citizenship



## newyork14051 (Nov 24, 2014)

Although a clear violation of the South African Constitution, the Department of Home Affairs is stripping South African born expats daily of their birthright citizenship through "automatic loss of citizenship" Current numbers are in the thousands. Does anyone know if a challenge has been embarked upon to stop this with the Constitution Court?


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## LegalMan (Dec 26, 2012)

newyork14051 said:


> Although a clear violation of the South African Constitution, the Department of Home Affairs is stripping South African born expats daily of their birthright citizenship through "automatic loss of citizenship" Current numbers are in the thousands. Does anyone know if a challenge has been embarked upon to stop this with the Constitution Court?


What is unconstitutional about it? The only time I know that it happens is when you do not inform that you wish to retain citizenship when gaining another country's. If you do not apply to retain it, it is like you are saying that you don't want it.

Department of Home Affairs - Citizenship


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## newyork14051 (Nov 24, 2014)

Until recently the potential automatic loss was never publicized on any website or in any SA Passport. Current SA passports do not have any statements or warnings about automatic loss of citizenship. The SA Constitution specifically and clearly states that no one shall be deprived of citizenship.


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## Jem62 (Jul 25, 2012)

If you were born in SA, you do not lose your right of abode, you are free to return and apply for a resumption of SA citizenship. I know of many Saffers who have simply renewed their ID's and passports in SA and carried on with life. These loss of citizenship rules are mainly applied abroad not in SA.


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## JS123 (Jul 23, 2014)

It is a strange concept (for me) but before acquiring another citizenship, you need to fill in a form at the SA consulate which allows you to keep your SA citizenship. Read here:

:: South African High Commission :: 

So while section 20 of the constitution states that no citizen may be deprived of citizenship, I believe technically you are not deprived of your citizenship by assuming the citizenship of another country, you just need to go through a couple of bureaucracies. 

I've never heard of anyone losing their SA citizenship whilst being out of the country, as it would make them stateless (assuming no other citizenship).


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