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.

Travel on your South African passport: The legal rules

For many years, South Africans living overseas have often relied on their foreign passports when travelling back home, especially if their South African passport had expired or was surrendered after gaining foreign citizenship. But a recent Constitutional Court ruling has made one thing very clear: if you are still legally a South African citizen, you must travel on your South African passport, even if you hold another country’s passport.

Failure to do so can lead to fines, detention, and other serious consequences. Here’s what every South African abroad needs to know.

The Legal Requirement

Section 26B(1) of the South African Citizenship Act 88 of 1995 requires all South African citizens to use a South African passport when entering or departing South Africa.

Travelling on a foreign passport instead is considered a criminal offence. Penalties can include:

Fines of up to R100,000
A criminal record
Detention, interrogation, or even imprisonment for up to 12 months
Missed flights and travel disruptions

The only way around this obligation is to renounce your South African citizenship formally.

What changed in 2025?

In May 2025, the Constitutional Court struck down section 6(1)(a) of the Citizenship Act, which previously meant that South Africans automatically lost their citizenship if they obtained another nationality without applying for “retention” beforehand.

The impact of this ruling:

If you became a citizen of another country after 6 October 1995 without applying for retention, you never actually lost your South African citizenship.
You no longer need to apply for retention before acquiring foreign citizenship.
However, the passport rule remains unchanged, meaning if you are still a South African citizen, you must use your South African passport to travel in and out of the country.

What this means for dual citizens

If you hold both South African and foreign citizenship:

You are still legally recognised as a South African citizen unless you have formally renounced it.
This means you must use your South African passport when entering or leaving South Africa, with no exceptions.

Even if you identify primarily with your new country, South Africa’s laws still apply to you unless you have completed a formal renunciation process.

Do these new rules apply for children with South African citizenship living abroad?

Current information only highlights the critical importance of adults (majors) entering and exiting the country with their South African passports. There are no clearly defined insights on what is expected in the case of children (minors) entering and exiting the country according to Section 26(B) of the South African Citizenship Act. However, advice from the SA Chamber in the United States of America urges children to also travel on their South African passports.

How to check your citizenship status

If you’re unsure whether you are still a South African citizen, you can:

Apply to the Department of Home Affairs for a Determination of Citizenship. Be warned: this can take several months.
Use the new online verification portal, expected to launch by end-2025, which will make the process quicker and easier.

Renouncing your South African citizenship

For those who no longer wish to remain South African citizens, you’ll need to formally renounce your citizenship.

The process involves:

Completing the official renunciation form from Home Affairs.
Submitting supporting documents, including proof of your foreign citizenship, your South African passport, ID, and birth certificate.
Handing in your documents at your nearest South African embassy or consulate.

If approved, you’ll receive a Certificate of Renunciation, which is the only proof that you are no longer a South African citizen. Only then may you legally enter or leave South Africa on a foreign passport.

Practical tips for South Africans abroad

Plan passport renewals well in advance. It can take up to 9 months to renew your passport abroad.
Do not attempt to travel on a foreign passport if your South African passport has expired, renew it first.
Wait for renunciation approval before travelling on a foreign passport, if you’ve chosen that route.
Advocacy groups like SACCUSA have requested a grace period for enforcement, but no amnesty has been granted yet.

The bottom line

Even if you have dual citizenship, you are still legally a South African citizen unless you have renounced it. As such, you must travel in and out of South Africa on your South African passport.

Non-compliance is not just risky, it’s illegal. Fines, detention, and travel disruptions can all result from ignoring this rule.

If you’re living abroad, now is the time to confirm your citizenship status, renew your documents, or complete a renunciation if needed. Planning ahead could save you from serious legal and travel complications.