On 6 May 2025, the South African Constitutional Court struck down a provision of Section 6(2) of the South African Citizenship Act (Act 88 of 1995), declaring it unconstitutional. This provision had required South African citizens to apply for a Certificate of Retention of Citizenship before acquiring another nationality. Without it, they automatically lost their South African citizenship.
The ruling now restores citizenship to all those who had lost it under this law. Importantly, it means that dual citizenship is recognized, and no Certificate of Retention is required moving forward.
For many former South Africans, this decision is both a relief and an opportunity to reconnect with their legal and cultural identity. However, it also raises practical questions about how to exercise these restored rights—particularly regarding travel, passports, and family members.
Even with dual nationality, South African law requires citizens to enter and exit the country using a South African passport. This makes applying for or renewing a South African passport the first essential step.
Applications for passports or ID documents can be made through:
The process is document-heavy and may require:
Fingerprinting can often be completed at the mission or VFS centre. In the US, local sheriff or police departments may assist for a fee.
Children of South Africans affected by the ruling are eligible for South African citizenship but must first be registered at a mission. Once registered, they may apply for a passport, with consent required from both parents.
If you do not yet have a valid South African passport, you must apply for an Emergency Travel Certificate (ETC) before travelling. Entry using a foreign passport is not guaranteed and may result in complications at the border.
This ruling restores legal recognition to thousands of South Africans abroad. The focus now shifts to the administrative processes of securing valid documentation. With modernisation expected in the future, the application system may eventually become more streamlined, but for now, careful preparation and adherence to requirements are essential.
Pros:
Cons:
The ruling now restores citizenship to all those who had lost it under this law. Importantly, it means that dual citizenship is recognized, and no Certificate of Retention is required moving forward.
For many former South Africans, this decision is both a relief and an opportunity to reconnect with their legal and cultural identity. However, it also raises practical questions about how to exercise these restored rights—particularly regarding travel, passports, and family members.
Next Steps: Reclaiming Your South African Identity
1. Travel Requirements
Even with dual nationality, South African law requires citizens to enter and exit the country using a South African passport. This makes applying for or renewing a South African passport the first essential step.
2. Application Routes
Applications for passports or ID documents can be made through:
- South African diplomatic missions abroad (appointments may be required).
- Postal submissions (accepted in some countries, such as the US).
- VFS Global centres (currently in the UK, Australia, and New Zealand, with new centres opening in the UAE, China, France, Germany, the Netherlands, and North America).
3. Required Documentation
The process is document-heavy and may require:
- A valid South African ID book or smart ID card.
- An unabridged birth certificate.
- Marriage certificate or divorce decree, if relevant.
- Completed application form and fingerprints (for applicants aged 16+).
Fingerprinting can often be completed at the mission or VFS centre. In the US, local sheriff or police departments may assist for a fee.
4. Children Born Abroad
Children of South Africans affected by the ruling are eligible for South African citizenship but must first be registered at a mission. Once registered, they may apply for a passport, with consent required from both parents.
5. Emergency Travel
If you do not yet have a valid South African passport, you must apply for an Emergency Travel Certificate (ETC) before travelling. Entry using a foreign passport is not guaranteed and may result in complications at the border.
Moving Forward
This ruling restores legal recognition to thousands of South Africans abroad. The focus now shifts to the administrative processes of securing valid documentation. With modernisation expected in the future, the application system may eventually become more streamlined, but for now, careful preparation and adherence to requirements are essential.
Pros and Cons of the Ruling
Pros:
- Restores citizenship to those who lost it unintentionally.
- Eliminates the need for a Certificate of Retention.
- Reaffirms the right to dual citizenship.
- Allows children of restored citizens to claim South African nationality.
Cons:
- Passport and ID application processes remain document-heavy and time-consuming.
- Travel compliance rules may cause delays for those without valid passports.
- Access to missions and VFS centres can be limited depending on the country of residence.
- Families may face added complexity in registering children abroad.