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Dual citizenship under review due to 'abuse'

7 September 2015 12:20 PM

A ban on dual citizenship could be on the cards after the ANC reportedly reviewed the matter during the party’s July lekgotla.

Some have been abusing dual citizenship

The African National Congress (ANC) is reportedly reviewing South Africa's dual citizenship policy.

The ruling party is allegedly considering a ban in a bid to stop local citizens from taking up arms for the Israeli military.

The head of the ANC's National Executive Committee on International Relations, Obed Bapela says the matter had already been discussed at the party's July lekgotla and would come up again next month at its national general council.

Stephen spoke to ANC's National Executive Committee on International Relations, Obed Bapela on the Midday Report. Bapela said this was prompted by South Africans with dual citizenship who leave the country and join an army in a different country. He said that often 'conflict of interest' would arise.

Stephen also spoke to Immigration lawyer, Gary Eisenberg who wondered why the ANC government is now suddenly 'besotted' with single citizenship. He called it an 'unprecedented currency of thinking'.

Eisenberg felt that it is not necessarily a constitutional issue even though it borders on deprivation, which has constitutional implications.

Listen to the full conversation below:

Why the call to ban dual citizenship could be constitutionally tricky

According to constitutional law expert Pierre de Vos, who spoke to Kieno Kammies this morning, the ban on dual citizenship may be a limitation to one's constitutional rights.

However, he explained that if the limitation can be justified in court, then it could be seen as a minor infringement.

It all depends on the purpose of the limitation; how serious the purpose is and if the proposed policy will achieve it. So there's a balance of interests that will come into play here.

Pierre de Vos, constitutional law expert

De Vos says that the ban on dual citizenship may only be significant if it has the potential to make an individual stateless all together.

Listen to the full conversation from CapeTalk's Breakfast with Kieno Kammies:




7 September 2015 12:20 PM

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