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•
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The Constitutional Court concluded that reading of the section would accommodate
all categories of citizens who had acquired citizenship through either birth or descent
in terms of the previous Citizenship Act. As a result, section 2(1)(a) and (b) was found
to be capable of being read in a constitutionally compliant manner and, therefore, the
confirmation of the order of invalidity by the High Court was declined.
As the applicants fell within section 2(1)(b), however, the Constitutional Court upheld
the declaratory order of the High Court which declared that four of the applicants
were South African citizens.
Finally, the Constitutional Court held that the interests of justice dictated that the
applicants’ prayer for consequential relief be granted and that the Department of
Home must issue the applicants birth certificates and assign them South African
identity numbers.
10. Acquiring the citizenship of another country may result to the loss
of property rights.
Melato Caleb Mokoena v Makarabo Mokoena & 4 others
CIV/APN/216/2005
High Court of Lesotho
WCM Maqutu, J
January 16, 2007
According to Lesotho’s laws, one lost property rights by acquiring the citizenship of another
country.
Summary of facts
The applicant sought court orders to stop the 3rd respondent from reallocating land that
belonged to Thabiso Mokoena (deceased) to the 1st respondent and to declare the 1st
respondent ineligible to hold land in Lesotho. The orders sought in the application also
included orders for the applicant to be considered the first in priority for purposes of reallocation of the deceased’s land. Only the 1st respondent responded to the application. The
main issue that the applicant was raising was that a foreigner could not inherit rights over
land. The applicant stated that by becoming a South African citizen, the deceased, who
died in 2001, lost his rights over the land in question
The 1st respondent denied that her husband acquired South African citizenship through
naturalisation.
CITIZENSHIP AND NATIONALITY RIGHTS CASE DIGEST
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