The South African Citizenship of thousands of persons was restored in a landmark judgement delivered on 6 May 2025.
The SA Constitutional Court confirmed that a section of the South African Citizenship Act, which caused thousands of South Africans to lose their citizenship when acquiring another nationality automatically, is unconstitutional. This decision brings long-awaited relief for many citizens at home and abroad.
Section 6(1)(a) of the Citizenship Act had provided that South Africans who voluntarily acquired citizenship of another country, without prior ministerial permission, would automatically lose their SA citizenship. The Constitutional Court ruled this automatic loss of citizenship to be an unjustifiable limitation of the fundamental right to citizenship under section 20 of the Constitution.
Key Orders Made by the SA Constitutional Court
- The provision was struck down and declared unconstitutional from its original enactment date, 6 October 1995.
- Citizens who lost their citizenship under this law are now considered never to have lost it.
What This Means for South Africans
For those who previously lost their South African citizenship
If you lost your SA citizenship because you acquired another nationality without first applying for permission, this ruling means your citizenship is automatically restored. You are now considered to have never lost it in the first place. To implement this ruling, the Department of Home Affairs has announced it is building an online portal to allow affected individuals to confirm their reinstated status easily, from anywhere in the world. The portal is expected to go live in June 2025.
For those planning to obtain dual citizenship
Going forward, South Africans will no longer need to apply for permission to keep their citizenship when obtaining another. This simplifies the process significantly and reflects a more modern approach in line with global norms around dual nationality.
Response from the SA Minister of Home Affairs
Minister of Home Affairs, Dr Leon Schreiber, welcomed the Court’s decision. He stated that the judgment settles a legal matter that has been contested for some time and lays the foundation for restoring the dignity of all South Africans who lost their citizenship due to this unconstitutional provision. He further said that South African law allows for dual citizenship, and there is no justification for South Africans to be deprived of their birth right in the manner that was previously done.
The Minister confirmed that the Department has already begun work to implement the ruling and to assist those affected. In addition to exploring potential legislative amendments, the Department is prioritising digital transformation to simplify access to government services. The new online platform will serve as a central point. Individuals will be able to lodge a request to confirm the reinstatement of their citizenship. It will apply only to cases dating from 6 October 1995 onwards.
Contact Bridging the Gap Migration
Bridging the Gap is delighted by the ruling of the SA Constitutional Court. It will restore citizenship for thousands of South Africans around the world. We will inform clients via social media as soon as we have received news on the online portal.
In the meantime, clients are welcome to contact us for any queries on their dual South African and British citizenship.
Recent Comments