Dual Citizenship South Africa: 2026 Rules After Court Judgment

South Africa’s dual citizenship rules changed fundamentally following the Supreme Court of Appeal ruling in June 2023, confirmed by the Constitutional Court on 6 May 2025 in Democratic Alliance v Minister of Home Affairs. The judgment allows South Africans to acquire another nationality without automatically losing their South African citizenship. This article explains the current rules, the passport requirement, how citizenship is restored, and what it means for children born abroad.

The Landmark Change: 2023 SCA Ruling Confirmed in 2025

In a historic judgment, South Africa’s courts have reshaped dual citizenship law. Here is the precise chronology and what it means:

• The Supreme Court of Appeal Ruling (June 2023): The SCA declared section 6(1)(a) of the Citizenship Act unconstitutional. This section had caused automatic loss of citizenship when a South African acquired another nationality without first obtaining a Certificate of Retention. The case dealt specifically with voluntary acquisition of another nationality by adults.
• The Constitutional Court Confirmation (6 May 2025): The Constitutional Court confirmed the order of invalidity. It ruled that affected citizens are “deemed never to have lost their South African citizenship”, with effect from 6 October 1995 onward. The judgment is binding and final.
• The Current Legal Position: While the Certificate of Retention technically remains a requirement in the wording of the Act, the state cannot constitutionally strip citizenship for failing to obtain it. Some government websites may still show outdated guidance that predates the Constitutional Court ruling.
• Who is Affected? The ruling applies to those who lost citizenship on or after 6 October 1995. It does not automatically restore citizenship to those who lost it under earlier, apartheid-era laws. Such individuals should seek legal advice.

1995 — Citizenship Act 88 of 1995 takes effect (6 October)
2000s — Retention requirement enforced, citizenship lost automatically
2023 — Supreme Court of Appeal declares section 6(1)(a) unconstitutional (June)
2025 — Constitutional Court confirms order, citizenship restored retroactively (6 May)

Historical Context: Why the Rule Existed

The automatic loss rule was introduced after 1995 when South Africa modernized its citizenship framework following the end of apartheid. The provision aimed to prevent divided allegiance, but critics argued the rule disproportionately harmed the South African diaspora, leading to the constitutional challenge that culminated in the 2023 and 2025 rulings.

Who Was Affected by the Old Law

Between 1995 and 2023, many South Africans lost their citizenship under the old rule. The affected group includes:

• South Africans who naturalized in another country, particularly in the UK, Australia, Canada, and New Zealand
• Dual citizens who acquired a second nationality without realizing they needed permission
• Children of South Africans who lost citizenship derivatively when their parents lost it

The Constitutional Court’s ruling means people who lost citizenship under section 6(1)(a) since 6 October 1995 are deemed not to have lost it, but many will still need to verify their status and complete Home Affairs documentation.

Your Top Priority: The South African Passport

While your citizenship is legally restored, you need the correct documents to exercise your rights and travel lawfully. A valid South African passport serves as your primary proof of citizenship.

• The Golden Rule of Travel: It is a legal requirement for all South African citizens, including dual citizens, to enter and exit South Africa using their South African passport. Using a foreign passport for this purpose is against the law and, under the Citizenship Act, can expose travelers to a fine or imprisonment.
• How to Apply from Abroad: If you live outside South Africa, you can apply for a passport at your nearest South African embassy, consulate, or high commission. In some countries (like the UK, Australia, and New Zealand), applications are handled by VFS Global.
  Documents typically required:
  – A valid South African ID book or Smart ID card
  – An unabridged birth certificate
  – Completed application forms and fingerprints (for those 16 and older)
• What if I need to travel urgently and don’t have a passport? You must apply for an Emergency Travel Certificate (ETC) at a South African mission before you travel. While border authorities may occasionally show leniency, you should not rely on being allowed to enter on a foreign passport.
• New Citizenship Restoration Portal (November 2025): In November 2025, the Department of Home Affairs launched a portal specifically in response to the Constitutional Court ruling. It helps individuals affected by section 6(1)(a) check their restored status and begin the reinstatement and documentation process. Visit the official Home Affairs website for access.

Citizenship for Children Born Abroad

Children born outside South Africa to a South African parent are citizens by descent, but the birth must be registered with the Department of Home Affairs to formalise their status.

• The Registration Process: The child’s birth must be registered at a South African embassy or consulate. Processing times vary significantly by mission and can take several months. For example, the South African High Commission in London currently advises that the average processing time is six months, and combined birth registration and passport applications in Australia can take up to 12 months.
• Required Documents: You will generally need the child’s unabridged birth certificate and the South African parent’s ID or passport. Both parents must usually be present when registering a child under 18.
• Parental Consent: Both parents must consent to the registration and any subsequent passport application for the child.
• Once Registered: After registration, the child’s citizenship is formally recognised, and they can apply for their own South African passport.

How to Restore Your South African Citizenship

For most people affected by the ruling, citizenship is automatically restored by law. However, you need documentation to prove it. Follow these steps:

1. Verify your status – Use the Home Affairs citizenship portal or contact a South African embassy to confirm your restoration.
2. Apply for an ID – Submit a Smart ID card application (form DHA-9) at a mission or in South Africa.
3. Apply for a passport – Once you have ID, apply for a South African passport (form DHA-73).
4. Provide evidence – Include your previous South African ID, birth certificate, or proof of former citizenship.
5. Biometrics – Provide fingerprints and photographs at your appointment.
6. Wait for processing – Processing times vary from 3 to 12 months depending on the application type and location.

Processing Times for Applications

Note: Processing times vary significantly by mission and application volume. The ranges below reflect real-world experience at major missions such as London and Canberra. Some applications may take longer.

Common Mistakes Dual Citizens Make

• Traveling without a South African passport – Entering or leaving South Africa on a foreign passport is unlawful and can result in fines or imprisonment under the Citizenship Act.
• Not registering children born abroad – Children are citizens by descent but must be registered; otherwise they cannot get a South African passport.
• Assuming restoration is automatic without documents – The law restores citizenship, but you still need valid ID and passport to prove it.
• Using expired ID numbers – If your ID book is old, your number may not be active in Home Affairs systems. Apply for a new Smart ID card.
• Ignoring the retention certificate nuance – Some older guidance still says you need a certificate; the court ruling overrides this.

Benefits of Holding Dual Citizenship

• Visa-free travel – A South African passport grants visa-free or visa-on-arrival access to over 100 countries.
• Right to live and work in South Africa – No immigration permits or residency requirements.
• Own property as a citizen – Dual citizens can buy and hold property with the same rights as any South African citizen, without foreign-national restrictions.
• Political rights – Vote in South African elections if registered with the Independent Electoral Commission (IEC).
• Access to education and healthcare – Citizens pay domestic rates at public universities and access public healthcare.
• Pass on citizenship to children – Your children can claim citizenship by descent, keeping the connection alive.

Permanent Residents vs Citizens

Many readers confuse permanent residence with citizenship. Key differences:

• Permanent residents – Can live and work in South Africa indefinitely but hold a foreign passport. They cannot vote and must comply with residency conditions.
• Citizens by naturalisation – Foreigners who have lived in South Africa for at least five years and meet requirements can apply for citizenship.
• Citizens by descent – People born abroad to a South African parent. They are citizens once registered.
• Dual citizens – South Africans who also hold another nationality. They retain full citizenship rights but must use a South African passport to travel.

Enforcement and What Happens If You Don’t Comply

The government is aware that many dual citizens may not yet have a valid South African passport. There is a degree of understanding, but the goal is compliance.

• At the Border: In practice, immigration officers may warn travelers who attempt to enter or leave South Africa using a foreign passport. There is no formal nationwide warning system policy, but officials have discretion to enforce the law. Repeat offenders risk fines or imprisonment as provided for in the Citizenship Act.
• Potential Penalties: While the law allows for fines or imprisonment for repeat non-compliance, this is extremely rare in practice. The focus is on issuing guidance and allowing people to regularise their status.

Countries South Africans Can Hold Dual Citizenship With

South Africa permits dual citizenship. Below is a table of major countries that also allow dual citizenship with South Africa. Always verify with the embassy of the country you are acquiring citizenship from, as their domestic laws may have specific requirements.

Quick Reference Table

Frequently Asked Questions

In summary, the 2023 SCA ruling, confirmed by the Constitutional Court on 6 May 2025, is a victory for South Africans abroad, simplifying the process of holding dual citizenship. The key takeaway is to ensure you obtain a valid South African passport to comply with travel laws and solidify your restored status.

Sources

• Constitutional Court: Democratic Alliance v Minister of Home Affairs (CCT184/23) [2025] ZACC 1 (6 May 2025)
• Department of Home Affairs: New Citizenship Portal Launch (November 2025)
• DIRCO: Advice for South African Citizens Travelling Abroad
• DIRCO UK: Birth Registration and First Passport for the Child
• South African Embassy: Passport Processing Times
• BMI Germany: Nationality Law Reform