If you are a South African citizen living abroad, especially in the United States, it is critical to understand your legal obligations when it comes to travel documentation. Recent developments in South African citizenship law, combined with heightened enforcement at borders, have made compliance more important than ever. This guide outlines the current legal landscape, the implications for dual nationals, and what travelers should do to avoid penalties.
Legal Requirement to Travel on a South African Passport
According to Section 26B(1) of the South African Citizenship Act, 1995 (Act No. 88 of 1995), as amended by the Citizenship Amendment Act of 2004, all South African citizens must enter and exit South Africa using a valid South African passport. It is a criminal offense to travel into or out of the country using a passport from another country.
Section 26B(1) states:
“Any South African citizen who enters the Republic or departs from the Republic making use of the passport of another country is guilty of an offense and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months, or to both such fine and such imprisonment.”
Recent Legal and Policy Developments
On 6 May 2025, South Africa’s Constitutional Court ruled that Section 6(1)(a) of the Citizenship Act, which previously led to automatic loss of South African citizenship upon acquiring another nationality, was unconstitutional. This decision reaffirmed the legitimacy of dual citizenship for those born in South Africa.
However, this ruling does not remove the obligation to travel with a South African passport. The requirement remains in full effect, and enforcement by the South African Border Management Authority has intensified.
Penalties for Non-Compliance
Failure to comply with Section 26B(1) can lead to serious consequences, though enforcement can vary depending on the discretion of immigration officers. First-time offenders may receive a warning. However, repeat violations can result in:
- Arrest and detention at ports of entry or exit
- Criminal charges with fines ranging from R80,000 to R100,000
- A permanent criminal record
- Flight delays and extensive questioning by authorities
Travelers are strongly advised not to rely on luck or past experiences and to ensure full compliance with the law.
Who Is Affected?
This regulation applies to:
- All individuals born in South Africa
- Those who acquired South African citizenship through naturalization
- Dual nationals, including those holding U.S. citizenship or passports from other countries
Exceptions and Clarifications
You are exempt from the passport requirement only if:
- You have formally renounced your South African citizenship
- You have received written confirmation of renunciation from the Department of Home Affairs
Simply assuming you lost South African citizenship after gaining a foreign nationality does not exempt you. You must possess official documentation confirming your renunciation.
Frequently Asked Questions
1. What should I do if I already have travel booked but no valid South African passport?
You should immediately contact the nearest South African consulate to renew or obtain a passport. If you no longer wish to retain South African citizenship, begin the renunciation process before traveling. Traveling without proper documentation could result in fines, detention, or missed flights.
2. Will South African citizens need visas to enter South Africa after September 2025?
No visa is required for South African citizens, including dual nationals. However, new technologies and electronic passenger verification systems may be implemented by late 2025. Travelers are advised to stay informed through official sources.
3. What is the process to renounce South African citizenship?
You will need to:
- Submit Form BI-246, available through consulates or online
- Include your foreign naturalization certificate
- Provide certified identification and supporting documents
- Pay the applicable consular fee
- Await written confirmation from the Department of Home Affairs (this may take several months)
Full renunciation guidance is available at the Department of Home Affairs:
Renunciation of South African Citizenship – Department of Home Affairs
4. Can children born in the U.S. with dual citizenship travel to South Africa?
Yes, but if either parent is South African, the child may be a citizen by descent. In that case, the child must enter and exit South Africa using a South African passport. Parents are responsible for registering the child and ensuring passport validity.
Recommendations for Travelers
- Do not travel to South Africa without a valid South African passport if you are a citizen
- Apply for a passport early, as processing can take 6–9 months from the United States
- If unsure about your status, request a citizenship verification letter from Home Affairs
- Begin the renunciation process early if you do not intend to retain citizenship
- Always travel with official documentation confirming your citizenship or renunciation status
Key Contacts
South African Consulate-General – New York
+1 212-213-4880 | nycg.consular@dirco.gov.za
South African Consulate-General – Los Angeles
+1 323-651-0902 | sacgla@dirco.gov.za
Department of Home Affairs – South Africa
www.dha.gov.za
We urge all South African citizens living abroad to verify their legal status and travel documentation prior to making international travel plans. Compliance with the law is essential to avoid disruptions and potential legal consequences at South African borders.
Please Note
WR Immigration is not presently taking on cases involving applying for South African passports. For official travel documentation or citizenship inquiries, please contact the South African consulate or the Department of Home Affairs directly.
