Note: The following update reflects a separate South African Border Management Authority (BMA) media statement on the Citizenship Act and entry/exit requirements for South African citizens. This is not directly related to the U.S. H-1B litigation but is included here in response to widely circulated misinformation affecting international travelers and dual nationals.
BMA Clarifies Citizenship Entry and Exit Requirements
In a media statement dated August 2025, the Border Management Authority (BMA) Commissioner Dr Michael Masiapato addressed widespread misinformation regarding the South African Citizenship Act’s application to entry and exit rules for South African citizens. The clarification responds to viral claims that a new law effective May 2025 imposes additional or changed requirements on how South Africans enter and depart the Republic.
According to the BMA:
• No new law has been implemented in May 2025 regarding entry or exit requirements for South African citizens.
• Existing law continues to apply, as provided under the South African Citizenship Act, 1995 (as amended). Under long-standing legal practice, South African citizens (including those with dual citizenship) are expected to enter and exit South Africa using a valid South African passport.
• The viral claims that failure to comply would result in fines, arrests, or criminal records are false and misleading.
Emergency Travel Provisions and Practical Guidance
The BMA further explained:
• A South African citizen whose passport expires while abroad should contact the nearest South African Embassy to apply for an Emergency Travel Certificate (ETC).
• Lack of an ETC will not automatically lead to denial of entry — provided the traveler has other proof of South African identity at the time of arrival.
• No new enforcement directives, penalty structures, or arrest policies were introduced in 2025 related to passport use upon entry or exit.
Official Communication and Public Guidance
The BMA urged the public to verify travel and immigration information through official government platforms, including both the Department of Home Affairs and the Border Management Authority, before acting on viral or unverified messages.
Commissioner Masiapato also announced a scheduled media briefing for 3 August 2025 to provide further updates on border operations and the unveiling of new BMA immigration security tools designed to enhance border integrity and document authenticity.
Context and Legal Background
This clarification comes against the backdrop of significant judicial developments in South African citizenship law. In May 2025, the Constitutional Court of South Africa struck down Section 6(1)(a) of the South African Citizenship Act — a provision that previously caused loss of citizenship upon voluntary acquisition of another nationality — on constitutional grounds.
Despite these legal changes, the requirement to enter and exit South Africa on a valid South African passport remains firmly governed by existing statutory and regulatory provisions under the Citizenship Act and related immigration law.
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.
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