Why use Apostil for document notarisation?

Saving you time: We queue for you, we apply on your behalf, we call and travel many times to follow up on your applications and then collect once ready. Usually, we receive documents much, much faster than if you had applied alone, especially if you are based outside of South Africa. You save masses of time using our services.

Why use Apostil for document notarisation?

Experience and know-how: We are a reputable firm with an extensive track record. Other providers are typically back-street operators or single operators – be aware as your personal documentation is at stake. If your documentation has errors, we attempt to have this corrected, usually at no extra cost.

Apostil – Where are we based?

Apostil.co.za has various office addresses in the Western Cape and Gauteng. You can only courier them to us, please enquire for the address (depends on your requirement). We also offer a delivery and collection service within SA and globally, through DHL, The Courier Guy and other companies. To reiterate, we only accept documentation, couriered, to our addresses.

Dual Citizenship

Following the Constitutional Court’s landmark ruling confirming the unconstitutionality of Section 6(1)(a) of the South African Citizenship Act 88 of 1995, adult South Africans who voluntarily acquire a second nationality are no longer automatically stripped of their South African citizenship. Furthermore, the ruling operates retrospectively to 6 October 1995, meaning hundreds of thousands of expats who previously “lost” their citizenship are legally deemed never to have lost it. However, navigating civic records, updating South African passports, and proving citizenship status to foreign governments still requires formal paperwork through the Department of Home Affairs (DHA).

The Historical Trap: How Section 6(1)(a) Impacted SA Expats

For nearly three decades, Section 6(1)(a) of the Citizenship Act served as an administrative trap for South Africans living abroad.

Under the old legislation, any adult South African citizen who voluntarily acquired the nationality of another country (such as British, Australian, American, or EU citizenship) automatically lost their South African citizenship by operation of law, unless they had formally applied for and received a Letter of Retention of South African Citizenship from the Minister of Home Affairs before taking the oath of foreign citizenship.

Because thousands of expats were unaware of this rule, they inadvertently forfeited their South African rights, leading to severe practical problems:

Inability to renew South African passports overseas.
Complications when returning to South Africa to live, work, or inherit property.
Being required to enter South Africa on a foreign passport or apply for a permanent residence resumption visa.

What the Constitutional Court Judgment Means for You

The legal battle ended when the Constitutional Court upheld rulings from lower courts, declaring Section 6(1)(a) irrational, unconstitutional, and invalid.

Key takeaways from the judgment include:

Retrospective Validity (Backdated to 1995): The declaration of invalidity applies from the date the original Act was enacted on 6 October 1995. Anyone who lost their citizenship under this specific clause is legally deemed to have remained a South African citizen uninterrupted.
No Automatic Loss Going Forward: South Africans taking up a second passport are no longer legally required to obtain prior permission from Home Affairs to retain their South African citizenship.
Restoration of Rights: Affected individuals regain full constitutional rights, including the right to hold a South African passport, vote in national elections, and reside in South Africa unconditionally.

Do You Still Need a Retention Certificate or Official Proof?

While the legal strike-down is automatic, administrative system records do not update instantly.

The Department of Home Affairs is aligning its internal databases and passport processing systems. If you plan to apply for a new South African passport, register a birth overseas, or prove your citizenship status to foreign immigration officials, you still need official documentation.

1. Determination of Citizenship Status

If you previously lost your citizenship under Section 6(1)(a) and now require an official Home Affairs confirmation for passport issuance or legal records, you must request a formal Determination of Citizenship Status (DHA-175). This document acts as official government proof that your record has been updated and reinstated on the National Population Register.

2. Safeguarding Dual Citizenship Documents

If you are currently in the process of applying for foreign citizenship, obtaining a formal confirmation of your South African civic status or keeping certified records of your South African birth certificate and ID is vital to ensuring seamless passport renewals in the future.

Key Scenarios: What Action Should You Take?

Your Current Situation	Legal Status	Recommended Administrative Action
Acquiring foreign citizenship soon	Citizenship protected automatically	Ensure South African passport and ID are up to date before naturalising.
Lost SA citizenship between 1995 & 2025	Automatically reinstated by law	Apply for a Determination of Citizenship Status to update DHA records before applying for a new passport.
Already hold dual citizenship (obtained before 1995)	Unaffected	Continue renewing SA passports as normal.
Renounced SA citizenship voluntarily (Section 7)	NOT affected by court ruling	Requires formal re-application under standard immigration laws.

Re-establishing Your South African Legal Identity

Although the court victory protects your constitutional rights, converting that legal win into a valid South African passport or updated identity record requires navigating the Department of Home Affairs archives in Pretoria.

Whether you need a Determination of Citizenship Status, an official Letter of Retention, or fast-tracked Vault Copies of your birth records, Apostil.co.za handles the submission, tracking, and retrieval process directly with Home Affairs.

Contact the Apostil.co.za team today to verify your dual citizenship paperwork and ensure your South African records are fully up to date.

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