24 Jul Court Ruling on Dual Citizenship: What It Means
In a recent landmark ruling that marks the turning point for many South African citizens living abroad, courts have declared that South Africans can now hold a dual nationality without fear of losing their citizenship.
This groundbreaking decision not only corrects the long-standing legal hindrance but also reinstates the citizenship rights of those who were previously stripped of them. You might be wondering what this all means for South Africans. Let’s look into dual citizenship in South Africa and what you need to know.
Dual Citizenship is now allowed without filing a retention of South African citizenship application, which means South Africans may obtain citizenship in a country abroad without losing or forfeiting their South African nationality. Additionally, individuals who previously lost their citizenship due to this unconstitutional provision are now once again recognised as South African citizens. Citizens who wish to acquire another nationality no longer have to apply for permission from the Department of Home Affairs to retain their South African nationality when obtaining a second one.
However, this ruling has notable implications for all South Africans living abroad as well as those planning to acquire dual citizenship, as this completely eliminates a significant legal hurdle which has been present since 1996 and restores their full citizenship rights.
Citizenship rights and other factors that were once stripped from South Africans abroad include:
1. Lost Recognition as a South African
Since the instatement of the South African Constitution until May 2025, many South Africans unintentionally lost their South African nationality because they did not receive retention approval from the Department of Home Affairs. The South African Citizenship Act required citizens who acquire another nationality to apply for permission to retain their South African nationality. Individuals who acquired another citizenship without first obtaining approval via a Certificate of Retention had their South African nationality automatically revoked under Section 6(1) of the Citizenship Act.
2. Loss of Rights in South Africa
As these individuals were no longer recognised as citizens of their home country, they did not have any rights as South Africans. SA identification documents or passports were no longer valid, and reportedly, in some cases, they were destroyed at the embassy when people wanted to return to South Africa. South African citizens were ‘downgraded’ to permanent residency holders.
3. Impact on Estates and Inheritance
Having South African nationality often simplifies the legal handling of estates, wills, and inheritance, where losing it created complications and delays if these individuals’ estate involved South African assets or family members, especially when South African identity numbers were changed by the Department of Home Affairs.
4. No Reinstatement Option
South Africans living abroad who were unaware that their South African citizenship was automatically revoked immediately sought to have their citizenship reinstated; however, there was no immediate or automatic process for reinstating citizenship. You could apply to resume citizenship, but it is a lengthy and uncertain process, and approval thereof is not guaranteed. Need help regaining South African citizenship after deal loss? Reach out to us today.
The Department of Home Affairs is working on implementing the ruling, including potentially establishing an online portal for affected individuals to verify their citizenship status.
Ultimately, the court’s decision was a major win for global South Africans, offering greater freedom and security in navigating dual citizenship. With the Department of Home Affairs working on implementation measures and possibly including an online verification portal, these affected individuals can start reclaiming their rightful status as South Africans.
Ready to take the next step in reclaiming your South African citizenship? Contact June Luna Immigration Attorneys today to book a consultation.