22 Aug June Luna on Air: Dual Citizens Need SA Passport to enter SA
June Luna Immigration Attorneys recently joined Lester Kiewit on the morning show on CapeTalk radio to provide clarity around an important topic for many South Africans.
This topic is related to dual citizenship and the legal implications of travelling with or without your South African passport. Lester Kiewit spoke to immigration lawyer June Luna about concerns that dual citizenship travellers will face arrest if travelling in and out of South Africa without using their SA passport.
Listen: This is what the law says about dual citizenship and travelling on your SA passport.
Understanding Dual Citizenship in South Africa
June Luna explains that in terms of Section 26 of the Citizenship Act, if you are a South African citizen, you must always enter and exit the country on your South African passport. Learn more about South African Citizenship law here.
There has been a significant uptake in queries regarding this because a lot of people who thought they had lost their South African citizenship when they acquired a different one, are now under the impression they have their South African citizenship back and if that’s the case then they are supposed to be coming to South Africa on their South African passport and they don’t have one. This ultimately presents a huge problem we’re seeing at the moment.
Travelling on Your South African Passport
During the interview, Lester mentioned that what if you do have dual citizenship and have a South African passport and land at one of South Africa’s airports, why wouldn’t a person use their South African passport to skip an immigration queue and get easy access to the country? Why wouldn’t someone use their local passport?
June explains that a lot of people probably would use their passports if they had access to them. The problem that people are facing when they live abroad, especially in countries like the US, the UK, or the Netherlands, is that it can take 18 months for the Department of Home Affairs to issue them a passport. By the time they realise that they need one to travel, it’s impossible to get one on time, and Home Affairs is well aware of this problem.
Lester explains that the Kafkaesque nature of bureaucracy is complex. Arriving in a country with an expired South African passport while holding a foreign passport often leads to a dead end, even when trying to make a case to Border Management.
June adds that fear stems from the Citizenship Act, which states that entering the country on a foreign passport can lead to fines or imprisonment. People hesitate to make representations at the airport that they do have an expired SA passport, but wish to enter with their foreign passport due to uncertainty about the Border Management Authority’s response. June also noted that the only case she knows of an arrest regarding this was Paul O’Sullivan in 2017. Paul O’Sullivan is the first person in the country to be charged with entering and leaving South Africa on his foreign passport. Despite this, many remain scared.
Lester stated that ultimately, the decision may depend on the border management agent. Punitive measures could range from a simple information session about using the correct passport for dual citizens to more severe penalties.
June agrees and comments that this is why the Minister of Home Affairs should get involved. He is aware of the issue and is opening centres to expedite passports. A temporary concession document would help the Border Management Authority exercise discretion at the airport, making South Africans feel more comfortable travelling.
We are experts in providing effective immigration assistance to South Africa. If you are unsure about your dual citizenship status or have any questions regarding your South African passport, June Luna Immigration Attorneys offers professional advice to help you navigate the ever-changing legal landscape. CONTACT US today!