The recent South African Constitutional Court decision in Democratic Alliance v Minister of Home Affairs (6 May 2025) has amended the law around dual citizenship for South Africans. Your automatic loss of South African citizenship under section 6(1)(a) of the South African Citizenship Act 1995 by acquiring another nationality and failing to first obtain dual citizenship, has been declared invalid.
However, this judgment does not apply to or affect those who lost South African citizenship under earlier laws (pre-1995) or by formally and officially renouncing South African citizenship. If you fall into the pre-1995 category and wish to renounce or recover your South African citizenship, the process can be complex.
Under section 26B of the South African Citizenship Act 88 of 1995, South African major citizens who enter or depart South Africa making use of a passport of another country are guilty of a criminal offence and may be liable for significant fines and/or a custodial sentence not exceeding 12 months. As such, South African diaspora with dual citizenship post-1995 are now left with 2 options enter and leave South Africa:
1. Formally renounce your South African citizenship; or
2. Keep your South African citizenship and maintain a valid South African passport.
South African minors are also affected by the Constitutional change. They, too, will have to formally renounce their South African citizenship or maintain valid South African passports for travel to and from South Africa.
With new procedures and potential backlogs at Home Affairs, expert legal guidance is more important than ever. Shakenovsky & Associates can help you draft and lodge your application to renounce South African citizenship and advise you generally on the changes and your options.
Contact us today for advice and to ensure your application is handled efficiently and correctly.
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