Good Day Adrian Christopher Roos

Thank you for your work, particularly on the above Citizenship SCA success!

My wife and I are about to apply for British citizenship, and want to continue as (DA voting) South African citizens. Currently we live & work in the UK and spend 1 to 3 months a year in SA with our families.

There seems to be some confusion around the practical application of the SCA ruling. Some reports say it depends on whether Home Affairs will appeal it, and secondly that it requires a ratification by the constitutional court.

To me, the ruling indicates we now, with immediate effect, do not have to make the express application to keep our SA citizenship, and we can simply go ahead with our British citizenship application without risk of losing our SA citizenship :

"[47] 2 (a) It is declared that s 6(1)(a) of the South African Citizenship Act 88 of 1995 is
inconsistent with the Constitution and is invalid from its promulgation on 6 October
1995".

and

"[45] The striking down of s 6(1)(a) of the Act without a suspension order would not
result in the disruption of the administration of justice, as those South African citizens
who lost their citizenship because of the operation of s 6(1)(a) of the Act would
automatically regain their citizenship. There is no suggestion that an interim regime is
necessary to facilitate the processing of any pending applications for the retention of
citizenship under s 6(2) of the Act by persons who consider taking citizenship or
nationality of another country."

Is this correct (that we now, with immediate effect, do not have to make the express application to keep our SA citizenship, and we can simply go ahead with our British citizenship application without risk of losing our SA citizenship)?

Apparently, Home Affairs is still processing such applications to retain SA citizenship (Applications / forms: BI-1664 and DHA-529)? Shouldn't this be stopped?

Alternatively, when will this judgement be ratified e.g. by the constitutional court? And processing stopped by DHA?

Thank you very much.

sincerely
Andrew