In a landmark judgment on 6 May 2025, the Constitutional Court of South Africa unanimously confirmed that Section 6(1)(a) of the South African Citizenship Act 88 of 1995 is unconstitutional. The effect: thousands of South Africans who lost their citizenship automatically by acquiring another nationality without prior ministerial permission are now deemed never to have lost it .
What It Means
Immediate legal restoration: Individuals who lost citizenship after 6 October 1995 under section 6(1)(a) are now legally recognized as citizens again.
Right upheld: The Court emphasised that automatic loss of citizenship without prior permission violated Section 20 of the Constitution, which protects the right not to be arbitrarily deprived of citizenship.
Modern dual‑citizenship accepted: The ruling aligns South African law with international norms around dual nationality and prevents unjust statelessness.
What to Expect Next
New reinstatement portal: The Department of Home Affairs has begun developing an online platform to allow affected individuals, especially those living abroad to confirm and reinstate their citizenship status, with launch expected by June 2025.
While awaiting the portal launch, it’s wise to collect key documents:
– South African birth certificate or past passport
– Evidence of acquisition date of the foreign citizenship
– Any past correspondence with Home Affairs
– Proof of attempts to retain citizenship under the old rules
Continue retention applications (for now): If you’re in the process of applying for permission to retain citizenship, it may still be prudent to complete it as a precaution, until new guidelines are formally in place.
What You Should Do If Affected
1. Check your case eligibility: If you lost citizenship after 6 October 1995 due to voluntary acquisition of another nationality without formal retention permission, you’re likely eligible.
2. Stay informed: Watch for announcements from Home Affairs or trusted legal sources on the official portal and guidelines.
3. Prepare documentation: Compile all relevant legal and identity papers now to avoid delays later.
4. Consult a specialist: If your situation involves renunciation, service in foreign armed forces, or ministerial deprivation, it’s best to seek legal advice tailored to your case.
5. Be ready to apply: Once the online portal is live, submit your case promptly to confirm your citizenship status.
In Conclusion
This historic Court decision not only restores the citizenship of countless South Africans who lost it unknowingly, it also reaffirms the constitutional promise that no citizen may be arbitrarily stripped of their citizenship. The Department’s upcoming portal is set to make the reinstatement process more accessible, especially for those living abroad. By preparing your documents now and staying tuned for official updates, you can ensure that your rights and your connection to South Africa, are fully respected.
Sincerely,
Sharne Gous
Founder, The Law Box