South Africans regain citizenship after landmark Constitutional Court ruling
South Africans who lost their citizenship by acquiring another nationality without prior permission are now officially recognised as citizens again. A new online process from the Department of Home Affairs is on the way – here’s what you need to know.
Mishal Patel ● May 7, 2025
On 6 May 2025, the Constitutional Court of South Africa has confirmed the earlier 2023 Supreme Court of Appeal’s ruling, that it is unlawful to strip South Africans of their citizenship simply because they acquired citizenship in another country. This decision overturns a long-standing provision in the South African Citizenship Act and has major implications for those affected.
Previously, South Africans were required to apply for permission from the Department of Home Affairs to retain their citizenship before obtaining a second nationality. Failing to do so meant automatic loss of South African citizenship.
It is declared that section 6(1)(a) of the South African Citizenship Act 88 of 1995 is inconsistent with the Constitution and is invalid from its promulgation on 6 October 1995.
It is further declared that those citizens who lost their citizenship by operation of section 6(1)(a) of the South African Citizenship Act 88 of 1995 are deemed not to have lost their citizenship.
What does this mean for you?
If you lost your South African citizenship after 6 October 1995 due to taking up another nationality without obtaining prior permission (retention of South African citizenship), you are now legally recognised as a South African citizen once again.
Next steps
Minister of Home Affairs Leon Schreiber has announced that an online portal is being developed to help affected individuals confirm their reinstated citizenship. The portal is expected to launch as early as next month.
Important note
Until the new process is formalised, we still recommend that South Africans applying for a second citizenship continue to submit a retention application as a precaution. We’re closely monitoring developments and will provide further guidance once the legislation is officially updated.