As you may have seen, the Constitutional Court ratified the SCA’s verdict from June 2023, thus declaring section 6 (1) to be unconstitutional.   For all those South Africans who had previously ‘lost’ their South African Citizenship due to not applying for South African Retention before obtaining a second citizenship, this is a huge win and as it means they can get their South African Citizenship reinstated.

The most important conclusion of the court order is that anyone who lost their citizenship between 6 October 1995 to 6 May 2025 through section 6(1)(a), has been deemed not to have lost their citizenship

However, we are still waiting for more information on what this means for applying for South African Retention going forwards.

For the immediate future, it is advisable for South Africans applying for a second citizenship to continue submitting a retention application as a precautionary measure, as recommended by the Minister of Home Affairs. This will help ensure a smooth process while the Department of Home Affairs finalises the implementation of the Constitutional Court’s ruling that the automatic loss of citizenship under Section 6(1)(a) of the Citizenship Act is unconstitutional.

The Current Situation

  • Automatic Loss Invalidated
    The Constitutional Court’s ruling on May 6, 2025, means that South Africans who acquire another citizenship will not automatically lose their South African citizenship simply because they didn’t obtain prior permission. This applies retroactively to October 6, 1995.

  • Reinstatement Process will be Developed
    The Department of Home Affairs will develop an online portal to help those who lost their citizenship under the old law to confirm their reinstatement. This is expected to be launched soon (potentially next month).
Image: Constitutional Court of South Africa Credit: Ciaran Ryan/GroundUp, CC BY-ND 4.0

Image: Constitutional Court of South Africa Credit: Ciaran Ryan/GroundUp, CC BY-ND 4.0

Should South Africans Still Apply for Retention of Citizenship?

  • Official Recommendation (Temporary)
    The Minister of Home Affairs has indicated that until a new online process is fully formalised and operational, South Africans applying for a second citizenship should continue to submit a retention application as a precaution.
  • Reason for Precaution
    While the Constitutional Court ruling is clear, the administrative processes within the Department of Home Affairs might take some time to fully align with the new legal landscape. Submitting a retention application could serve as an extra layer of security to avoid any potential complications during this transitional period.
  • Future Outlook
    Once the online portal is fully functional and the Department of Home Affairs has updated its internal procedures, the need for proactive retention applications for future dual citizens should ideally fall away. That said, regardless of any portal, please do consider this precautionary step until the Minister of Home Affairs confirms otherwise.

Nexus Visas: Retention of South African Citizenship services

Nexus Visas can help you with your Retention of South African Citizenship application. Contact us today for peace of mind.

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Email immigration@nexusvisas.co.uk

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