Early in 2016, a racist outburst by a white woman in KwaZulu-Natal, Penny Sparrow, ridiculing Black beachgoers as ‘monkeys’, and announcing that thenceforth she would ‘address the [B]lacks of South Africa as monkeys’, published in her online profile, was quickly disseminated countrywide. It convulsed South Africa in shame and acrid anger. The [Constitutional] Court was not unaffected. Previous members of the Constitutional Court took comfort in reflecting, with evident satisfaction, on the absence of racially loaded and racially defined splits. Dramatically, these now fractured the Court.
The loss of citizenship – a fundamental right entrenched in s 20 of the Constitution – in these circumstances is arbitrary. Citizenship is an important right that brings with it many benefits. To deprive persons of this right, with no regard for their individual circumstances and the reasons that they are taking out another citizenship is both unfair and capricious. The legislature is not against dual citizenship we were told. If that is so, why take away South African citizenship by automatic operation of law, and require that its retention depends upon the invocation of a ministerial discretion that is entirely unspecified as to what its exercise is intended to achieve?
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