29 Jul Using SA’s New Portal to Restore Citizenship

The Constitutional Court declared Section 6(1)(a) of the Citizenship Act unconstitutional, and the Department of Home Affairs (DHA) took action by welcoming the ruling and announcing plans to develop a dedicated online portal.

Section 6(1)(a) of the Citizenship Act stated that South Africans lost their citizenship automatically upon acquiring a foreign nationality without first applying for permission to retain it. The Court ruled that this provision was irrational and in violation of the constitutional right to citizenship. Regaining SA citizenship after dual loss? From getting the right documents to verifying your case, Let our June Luna Immigration Attorneys assist.

The court’s ruling means that individuals who lost their citizenship under this specific section since 6 October 1995 are now legally deemed not to have lost their citizenship. The purpose of this portal is to allow any person who believes they were adversely affected by this unconstitutional provision to lodge an online case and confirm their citizenship reinstatement from anywhere in the world.

Although affected individuals are deemed not to have lost their citizenship, a formal administrative process is still required. This process is necessary to update records, confirm these individuals’ status, and enable them to apply for South African ID cards and passports. The DHA aims to streamline this process by implementing or launching this online portal, which, as mentioned, will primarily serve to allow these individuals to formally confirm their reinstatement, apply for South African documentation, and update their official status on the National Population Register.

What will the portal do?

Once launched, the portal will allow individuals to:

• Lodge a request to confirm their citizenship reinstatement.
• Submit supporting documentation such as proof of birth in South Africa, their previous passport/s, as well as their foreign citizenship documentation.
• Start the process of applying for South African documents such as an ID and passport.

What can you do in the meantime?

While waiting for the official launch of the online portal, affected individuals are advised to gather any necessary documentation, such as birth certificates, any old South African passport, and proof of the date they acquired foreign citizenship. They can also monitor the official DHA channels for any updates, including the official website and the eHomeAffairs portal. Please remember to be cautious of unofficial or third parties claiming to offer reinstatement services, the process is to be handled by the Department of Home Affairs directly.

Since the court ruled in favour of dual citizenship, the launch of this portal represents an important step in addressing the injustices caused by Section 6(1)(a) of the Citizenship Act. Even though the right to citizenship has been legally restored, the verification process will be crucial for helping these affected individuals recover their documentation and related rights.

If you or someone you know has been affected by this court ruling and would like to have their South African citizenship rightfully reinstated, please don’t hesitate to contact our team of legal professionals at June Luna Immigration Attorneys.