Citizenship Services

South African Citizenship & Dual Citizenship 2026

A landmark Constitutional Court ruling in May 2025 fundamentally changed South African dual citizenship law. Section 6(1)(a) of the Citizenship Act — which caused thousands of South Africans to lose their citizenship when acquiring a foreign passport — has been struck down as unconstitutional. This guide explains the current rules, what changed, and what it means for you.

The Constitutional Court Ruling (6 May 2025)

Key Change: You Can No Longer Lose SA Citizenship by Acquiring Another

On 6 May 2025, the Constitutional Court unanimously declared Section 6(1)(a) of the South African Citizenship Act unconstitutional and invalid in the case of Democratic Alliance v Minister of Home Affairs and Another (CCT 184/23) [2025] ZACC 8.

This means South Africans can now acquire foreign citizenship without losing their South African citizenship. The prior requirement to apply for “retention of citizenship” before acquiring foreign citizenship is effectively moot.

What the Court Found

The Court held that Section 6(1)(a) was unconstitutional because it:

  • Infringed the right to citizenship (Section 20 of the Constitution) — which provides that no citizen may be deprived of citizenship
  • Violated political rights — including the right to vote and to stand for public office
  • Violated the right to enter and remain in South Africa (Section 21)
  • Violated freedom of trade, occupation, and profession (Section 22)
  • Was a disproportionate limitation on fundamental rights that could not be justified under Section 36

Source: Constitutional Court Judgment CCT 184/23

Retroactive Effect: Citizenship Restored

The ruling applies retroactively. All South Africans who lost their citizenship under Section 6(1)(a) are deemed to have never lost it. This means:

  • You are treated as having been a South African citizen continuously since birth
  • This applies to all cases since the Citizenship Act came into force in 1995
  • No formal application for “resumption” is needed for those affected by Section 6(1)(a)
  • DHA developed an online portal to facilitate streamlined documentation updates

If you lost SA citizenship by acquiring another nationality: Your citizenship was never actually lost. Contact DHA or your nearest SA embassy to update your records and documentation.

Types of South African Citizenship

Citizenship by Birth (Section 2)

You are a South African citizen by birth if you were born in South Africa and at least one parent was a SA citizen or permanent resident at the time of your birth.

  • This is the most common form of citizenship
  • Children born in SA to foreign parents may qualify for citizenship upon turning 18 if they have lived in SA continuously since birth and their birth was registered
  • Proof: SA birth certificate + parents' SA ID documents

Citizenship by Descent (Section 3)

Children born outside South Africa to at least one SA citizen parent are entitled to citizenship by descent.

  • The birth must be registered with DHA at the nearest SA embassy, high commission, or consulate
  • Registration should be done within 30 days of birth (late registration requires additional documentation)
  • Both married and unmarried SA parents can register their child
  • The child receives a SA birth certificate and ID number
  • These children hold dual citizenship from birth without any retention requirement

Important: Citizenship by descent is not automatic without registration. You must actively register the birth. See our birth registration guide for details.

Citizenship by Naturalisation (Section 4)

Foreign nationals can apply for SA citizenship after meeting residency and other requirements:

RequirementDetail
Permanent residenceMust hold SA permanent residence permit
Residency period5 years as a permanent resident (2 years if married to SA citizen)
AgeOver 18 years
CharacterGood character — no criminal record
LanguageAbility to communicate in one of the 11 official SA languages
KnowledgeUnderstanding of rights and responsibilities of SA citizenship
IntentIntention to continue residing in SA
FeeR300 (naturalisation certificate)

Processing: Applications are submitted to DHA and decided by the Minister of Home Affairs. Processing takes 12-24 months.

Travel Rules for Dual Citizens (Section 26B)

Even though dual citizenship is now fully protected, important travel obligations remain under Section 26B of the Citizenship Act:

Section 26B(a): Use Your SA Passport

A South African citizen must use their South African passport when entering or leaving South Africa. Using a foreign passport to enter or leave SA is a contravention of the Act, regardless of what other citizenship you hold.

Section 26B(b): No Misuse of Second Citizenship

While in South Africa, a dual citizen may not use their second citizenship to gain an advantage or avoid a responsibility or duty. For example, you cannot use a foreign passport to circumvent SA tax obligations or other legal duties.

Practical Tips for Dual Citizens Travelling

  • Carry both passports when travelling to/from South Africa
  • Present your SA passport at South African immigration (departure and arrival)
  • Present your foreign passport at the destination country's immigration
  • Airlines may need to see both passports to verify you can enter both countries
  • Ensure your SA passport is valid — you cannot enter SA on a foreign passport even if you are a dual citizen

Citizenship Retention (Historical — Pre-May 2025)

Note: The retention application process (Form BI-1664) is now largely unnecessary following the Constitutional Court ruling. This section is kept for historical reference and for those with pending retention applications.

Before May 2025, South Africans who intended to acquire another citizenship had to apply for prior written permission from the Minister of Home Affairs to retain their SA citizenship. The process involved:

  • Form BI-1664 submitted at the nearest SA embassy
  • Supporting documents (SA passport, ID, proof of foreign citizenship application, motivation letter)
  • Fee: R300
  • Processing: 6-18 months (often longer)
  • Failure to obtain retention before acquiring foreign citizenship resulted in automatic loss of SA citizenship

This requirement no longer applies. DHA may still process existing applications as administrative practice until new legislation is passed.

Resumption of Lost Citizenship

Lost Under Section 6(1)(a): Automatically Restored

If you lost your SA citizenship because you acquired another nationality without retention, the Constitutional Court ruling means your citizenship was never actually lost. Contact DHA or your nearest SA embassy to update your records. The DHA online portal can help facilitate documentation updates.

Voluntarily Renounced (Section 7): Must Apply for Resumption

If you voluntarily renounced your SA citizenship (using Form BI-1665), the Constitutional Court ruling does not restore it automatically. You must apply for resumption:

RequirementDetails
Application formPrescribed resumption form from DHA or SA embassy
Proof of former citizenshipOld SA passport, ID, or birth certificate
Police clearanceFrom current country of residence
Foreign citizenship proofCurrent foreign passport or citizenship certificate
Motivation letterWhy you wish to resume SA citizenship
FeeR300
Processing time12-24 months (subject to ministerial approval)

Renunciation of SA Citizenship

South African citizens who wish to formally give up their citizenship can do so by declaration:

  • Submit Form BI-1665 at a DHA office or SA embassy
  • You must already hold citizenship of another country (SA will not allow you to become stateless)
  • Processing takes 3-6 months
  • Once approved, renunciation is final — resumption requires a fresh application

Some countries require proof of renunciation of prior citizenships as part of their naturalisation process.

Citizenship Fees

ServiceFee (ZAR)
Naturalisation / Citizenship Certificate (original)R300
Duplicate Citizenship CertificateR90
Citizenship ResumptionR300
Citizenship Retention (historical)R300
Retrospective ExemptionR300

Source: DHA Tariffs Schedule

Frequently Asked Questions

Yes. Following the Constitutional Court ruling of 6 May 2025, South Africans can hold dual (or multiple) citizenship without restriction. The previous requirement to apply for “retention” before acquiring foreign citizenship no longer applies. Children born abroad to SA citizen parents automatically hold dual citizenship when their birth is registered.

Yes. The Constitutional Court ruling applies retroactively. All South Africans who lost citizenship under Section 6(1)(a) are deemed to have never lost it. You do not need to apply for “resumption” — your citizenship was never actually lost. Contact DHA or your nearest SA embassy to update your records and obtain current documentation (passport, Smart ID).

No. The retention application process (Form BI-1664) is effectively moot following the May 2025 ruling. You can acquire foreign citizenship without losing your SA citizenship and without applying for prior permission. DHA may still accept retention applications as administrative practice, but they are no longer legally required.

Yes. Under Section 26B of the Citizenship Act, all South African citizens — including dual citizens — must use their SA passport when entering and leaving South Africa. This is a legal requirement, not just a recommendation. Using a foreign passport to enter SA is a contravention of the Act. Carry both passports when travelling.

No. The ruling only affects those who lost citizenship automatically under Section 6(1)(a) (by acquiring foreign citizenship). If you voluntarily renounced your SA citizenship using Form BI-1665, the ruling does not restore it. You must apply for resumption through the formal process at DHA.

Yes. As a South African citizen (whether single or dual), you have the right to vote. Register as an overseas voter during the IEC registration period at your nearest SA embassy or high commission. You can then vote at the mission on election day.

No. Marriage to a foreigner does not affect your SA citizenship. Even if you acquire your spouse’s citizenship through a naturalisation process facilitated by marriage, you no longer lose your SA citizenship thanks to the May 2025 ruling.

Register the birth at your nearest South African embassy, high commission, or consulate within 30 days of birth. You will need the child’s foreign birth certificate, both parents’ IDs/passports, and a completed DHA birth registration form. The child receives a SA birth certificate and ID number, conferring citizenship by descent. See our birth registration guide.

Possibly. The Constitutional Court invited Parliament to consider remedial legislation to regulate dual citizenship. However, as of 2026, no new legislation has been passed. The current position is that dual citizenship is fully protected by the Constitution, and any future legislation must comply with the Court’s ruling.

May 2025 Ruling Summary

  • Section 6(1)(a) struck down
  • Dual citizenship now protected
  • Retroactive: lost citizenship restored
  • No retention application needed
  • Section 26B travel rules still apply

Related Services

Key Contacts

  • DHA Citizenship Enquiries: hacc@dha.gov.za
  • DHA Call Centre: 0800 60 11 90
  • DHA Head Office: +27 12 432 1000
  • Find your embassy: Embassy Directory