21 • • • 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