A recent Constitutional Court decision has brought welcome clarity — and relief — to thousands of South Africans living abroad. If you hold (or believe you may hold) dual citizenship, here’s what you need to know and what steps to take next.
1. The Constitutional Court Has Restored Citizenship Automatically
On 6 May 2025, the South African Constitutional Court declared part of Section 6(2) of the South African Citizenship Act (Act 88 of 1995) unconstitutional.
Previously, South Africans were required to apply for a Certificate of Retention of Citizenship before acquiring another nationality. Failure to do so resulted in the automatic loss of South African citizenship.
The Court has now ruled that this provision was unconstitutional — meaning that South Africans who lost their citizenship under this rule are deemed never to have lost it at all.
2. You No Longer Need a Certificate of Retention
Following the ruling, South Africans may now acquire another nationality without applying for a Certificate of Retention. Unannounced dual citizenship no longer carries negative legal consequences under South African law.
3. Your Citizenship Status Is Restored — But Documentation Still Matters
While citizenship is legally restored, you must still take practical steps to exercise it. The most important of these is securing valid South African identity and travel documents.
4. You Must Enter and Exit South Africa on a South African Passport
South African law requires citizens — including dual citizens — to enter and leave South Africa using a South African passport, regardless of any other nationality held.
This is a legal requirement and not merely a recommendation.
5. Applying for a South African Passport Should Be Your Top Priority
A South African passport is both:
- Your travel document, and
- The most practical proof of your reinstated citizenship.
If you reside abroad, applications can be submitted at:
- Your nearest South African diplomatic mission, or
- VFS Global, where available.
Always confirm which mission has jurisdiction over your place of residence before applying.
6. Passport Applications Are Document-Heavy — Preparation Is Key
Applicants should be prepared to submit:
- A valid South African ID book or Smart ID card
- An unabridged birth certificate (especially for minors)
- Marriage certificate or divorce decree, if applicable
- Completed passport application forms
- Fingerprints (required for applicants aged 16 and older)
Missing or inconsistent documents are a common cause of delay.
7. Fingerprinting Options Depend on Where You Apply
- At VFS Global or select application centres: Fingerprinting is completed on-site.
- In the United States: Fingerprints can typically be taken at sheriff’s offices, police departments, or by licensed notaries (fees may apply).
Advance planning is critical, as fingerprinting availability varies by location.
8. Children May Also Be Entitled to South African Citizenship
Children born to South Africans whose citizenship has now been restored may claim South African citizenship, but they must first be registered.
This process generally takes 4–12 weeks and requires:
- The child’s unabridged birth certificate
- The South African parent’s passport or ID
- Additional supporting documents, depending on the case
Once registered, the child may apply for a South African passport. Consent from both parents is required.
9. Entering South Africa on a Foreign Passport Is Risky — and Often Unlawful
Although South Africa permits dual citizenship, citizens are not permitted to use foreign passports to enter or exit the country.
Doing so may result in:
- Delays at the border
- Denial of entry or exit
- Mandatory follow-up with the Department of Home Affairs
10. If You Don’t Yet Have a South African Passport, Plan Ahead
If travel is imminent and you do not yet have a passport, you must apply for an Emergency Travel Certificate (ETC) at the nearest South African mission before traveling.
While discretionary entry on a foreign passport may occasionally be permitted by the Border Management Authority, this is not guaranteed and should not be relied upon.
WR Immigration will continue to closely monitor how this decision is implemented in practice, including any updates from the Department of Home Affairs and South African missions abroad. Stay tuned to WR as new guidance becomes available.
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