Constitutional Court strikes down automatic citizenship loss, bringing sighs of relief to thousands of South Africans abroad concerned about citizenship retention and dual citizenship.
In a landmark ruling on 6 May 2025, the Constitutional Court of South Africa declared section 6(1)(a) of the South African Citizenship Act 88 of 1995 unconstitutional. This provision previously caused South Africans to lose their citizenship automatically if they acquired citizenship of another country without first applying for official permission to retain it.
In short? You no longer need a retention letter before acquiring a second nationality—and if you lost your citizenship because you didn’t know about this rule, you are now considered to have never lost it.
What was the issue with the law?
The Democratic Alliance (DA) brought the case on behalf of many South Africans who discovered, often by accident, that they had forfeited their citizenship. The law had been in place since 1995 and applied without warning. Many people only found out after applying for South African passports, visas, or other services that their citizenship was no longer valid.
The Constitutional Court ruled unanimously that this automatic loss of citizenship violated section 20 of the Constitution, which guarantees the right to citizenship. The Court found no valid reason for stripping people of their nationality without due process or any real opportunity to challenge the decision.
What does this mean for South Africans going forward?
The ruling means that South Africans can now apply for another citizenship without having to first request permission from the Department of Home Affairs. The idea that the government could just revoke your nationality because of this has now been thrown out as unconstitutional.
The new legal position is that your South African citizenship does not fall away automatically when you acquire foreign nationality. No permission letter. Zero red tape. No problem.
So, what now? Three big questions remain after the automatic citizenship loss ruling
When will the changes officially take effect?
Although the Constitutional Court’s decision has immediate legal effect, the Department of Home Affairs still needs to amend the Citizenship Act itself to reflect this ruling. For now, the offending section is invalid from its original date of enactment, which was 6 October 1995. This means the law no longer applies—but you should still wait for formal administrative updates, especially when dealing with foreign authorities or embassies.
What happens to people who already lost their citizenship?
This is one of the most important parts of the judgment. The Court declared that any South African who lost their citizenship due to section 6(1)(a) is legally considered to have never lost it in the first place. There’s no need to reapply. You don’t need to “get it back”—you already have it.
However, this does not apply to people who voluntarily renounced their South African citizenship. If you formally renounced it through the correct process, unfortunately, this judgment does not reinstate it. For those individuals, the only option remains applying for citizenship again from scratch.
Will other countries stop asking for retention letters?
Not immediately. Many foreign embassies and immigration departments, including those in the UK, have required South Africans to show proof that they retained their citizenship before naturalising. This was because of South Africa’s now-defunct law.
It will take time for those policies and checklists to catch up. But in time, once Home Affairs updates their internal and external communications, other countries should stop requesting retention letters altogether. Until then, be ready to explain the ruling or provide proof if asked.
The bottom line of the automatic citizenship loss ruling: retention letters are no longer needed
This ruling restores a basic right: you can be proudly South African and hold another passport without jumping through bureaucratic hoops. The automatic loss provision is gone. And while some technical updates are still needed, the direction is clear—citizenship cannot be lost silently, without notice, or without due process.
Although the Constitutional Court has made its ruling, the legal change still needs to go through Parliament and receive the President’s signature before Home Affairs can implement it. When that will happen remains uncertain—especially since Parliament has yet to finalise even the 2025–26 national budget. It’s clear this isn’t high on the government’s list of priorities.
If you’ve been affected by this issue and need help getting your documentation in order, Apostil.co.za can assist. Whether you’re dealing with lost documents, dual citizenship paperwork, or simply want to ensure your status is clear when applying for a visa or passport, we’re here to help.
