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Dual Citizenship South Africa | What the Law Actually Allows

What Dual Citizenship Means For South Africans Today

South Africa allows dual citizenship. You can be South African and hold citizenship of another country at the same time.

But the rules around this have been confusing — and for nearly 30 years, thousands of South Africans lost their SA citizenship without realising it, simply by accepting foreign nationality without first getting a government letter.

That changed in May 2025. A landmark Constitutional Court ruling struck down the provision that caused those automatic losses. Here is what the law actually says now, what rules still apply, and what every dual citizen needs to know.

The Short Version

  • South Africa permits dual citizenship
  • The May 2025 ConCourt ruling restored citizenship to everyone who lost it under the old automatic-loss rule since 6 October 1995
  • Going forward, the retention requirement is legally no longer enforceable — but getting a retention letter before acquiring foreign citizenship remains the practical safest route until DHA systems fully update
  • Dual citizens must use their SA passport to enter and leave South Africa — no exceptions
  • Foreign passport use is free outside South Africa
  • Dual citizens with SA tax residency must comply with SARS on foreign income and assets

A Brief History — Why This Was So Complicated

South Africa allowed dual citizenship in principle from 1994. But Section 6(1)(a) of the South African Citizenship Act, 1995 added a catch: any adult South African who voluntarily acquired foreign citizenship without first getting a government retention letter automatically lost their SA citizenship the moment the foreign citizenship was granted.

No letter arrived. No warning was given. Thousands of South Africans living in the UK, US, Australia, and elsewhere found out years later — often when trying to renew their SA passport — that they were no longer citizens.

On 6 May 2025, the Constitutional Court ruled in DA v Minister of Home Affairs (CCT184/23) that Section 6(1)(a) was unconstitutional from the moment it came into force on 6 October 1995. Every South African who lost citizenship under this provision since that date is now deemed never to have lost it.

The DA had fought this legal battle for 10 years. The ruling affects an estimated 1–2 million South Africans abroad.

Who Is Now a Dual Citizen Under the Ruling

You are a South African citizen — and always were — if:

  • You were a South African citizen by birth, descent, or naturalisation
  • You voluntarily acquired citizenship of another country after 6 October 1995
  • You did not obtain a retention letter before doing so
  • You did not voluntarily renounce your SA citizenship in writing

The ruling does not apply to:

  • Those who voluntarily renounced SA citizenship formally — renunciation is a separate process
  • Those who lost citizenship before 6 October 1995
  • Those who lost citizenship for serving in a foreign military at war with South Africa

If you are unsure whether your citizenship is intact, use the Citizenship Reinstatement Portal at myhomeaffairsonline.dha.gov.za to check and correct your population register record.

How Dual Citizenship Works Going Forward

The retention requirement — legal vs practical position

The ConCourt ruling declared Section 6(1)(a) unconstitutional. Legally, this means South Africans planning to acquire foreign citizenship going forward no longer risk automatic loss of SA citizenship for failing to get a retention letter.

In practice, DHA systems and overseas missions have not fully updated. A South African who acquires foreign citizenship today without a retention letter may still find their population register record updated to show citizenship as lost — causing problems with passports, Smart IDs, banking, and institutions.

The practical recommendation: Apply for a retention letter before acquiring foreign citizenship. It remains the cleanest route until full administrative alignment with the ruling is confirmed.

Children under 18

South Africans under 18 who acquire foreign citizenship before their 18th birthday automatically retain their SA citizenship. No retention letter is required. Once they turn 18 and wish to acquire any further foreign citizenship, the standard process applies.

Automatic dual citizenship by operation of law

Some people acquire foreign citizenship automatically — without a formal application — through marriage, ancestry, or the laws of another country. This type of automatic acquisition does not trigger the retention requirement under SA law, as it is not a voluntary formal act.

The Rules That Still Apply for Dual Citizens

1. Enter and leave South Africa on your SA passport

This is a legal requirement, not a recommendation. South African citizens — including dual citizens — must use their South African passport to enter and exit South Africa. Using a foreign passport to enter South Africa as a citizen is an offence under SA immigration law.

If your SA passport has expired or was never issued, you cannot simply use your foreign passport. Apply for or renew your SA passport at the nearest DHA live capture office or SA mission abroad before travelling. If travel is urgent and imminent, apply for an Emergency Travel Certificate at the nearest SA mission.

2. Use your foreign passport freely outside South Africa

Outside South Africa, you are free to travel on whichever passport you choose. SA law does not restrict how you use your foreign nationality in other countries. You may not, however, use your foreign citizenship inside South Africa to gain an advantage or avoid a responsibility you would otherwise have as a SA citizen.

3. Military service

A South African dual citizen who serves in the armed forces of a country at war with South Africa loses SA citizenship automatically. This provision was not affected by the May 2025 ConCourt ruling.

A naturalised SA citizen loses citizenship if they serve in the armed forces of any foreign country in a war not supported by South Africa — even if that country is not at war with South Africa.

4. Tax obligations

Dual citizenship does not automatically change your tax status. South Africa uses a residence-based tax system. If you are a SA tax resident — meaning SA is your primary home — you are required to:

  • Declare all foreign income and assets to SARS
  • Pay applicable taxes on worldwide income
  • Comply with Common Reporting Standards (CRS) obligations

Completing financial emigration through SARS changes your tax residency to non-resident for tax purposes. It does not affect your citizenship. The two are entirely separate.

All South African financial institutions are required under international agreements to report foreign tax residencies and assets to SARS. Failure to disclose foreign assets carries penalties. Consult a qualified tax adviser for your specific situation.

Practical Steps for Dual Citizens

If you lost SA citizenship under the old rules and want it restored: Use the Citizenship Reinstatement Portal at myhomeaffairsonline.dha.gov.za. Once reinstated, apply for your SA passport and Smart ID.

If you plan to acquire foreign citizenship and want to protect your SA citizenship: Apply for a Retention Letter before you proceed. Forms DHA-1664 and DHA-529. Submit at a DHA office or SA mission abroad.

If you are unsure of your current citizenship status: Apply for a Determination of Citizenship using Form DHA-529. No fee. Result in 30–40 business days in SA.

If your SA passport has expired: Renew it at a DHA live capture office in South Africa or your nearest SA mission or VFS Global centre abroad. See the passport application guide.

If you want a Smart ID: Once your SA citizenship is confirmed, apply at any DHA live capture office or participating bank branch. Fee: R140. See the Smart ID application guide.

Frequently Asked Questions

My SA passport expired while my citizenship was “lost.” Can I renew it now? Yes. With the ConCourt ruling restoring your citizenship, you are entitled to renew. Use the Citizenship Reinstatement Portal to update your population register record first, then apply for a passport renewal at your nearest DHA office or SA mission.

I hold citizenship of a country that does not allow dual citizenship. What happens if I naturalise in South Africa? If your country of origin does not allow dual citizenship, you must renounce your foreign citizenship before or as part of the SA naturalisation process, or submit proof of renunciation. SA law permits dual citizenship on the SA side — the restriction would come from your other country, not from SA.

Does completing financial emigration through SARS mean I gave up my citizenship? No. Registering as a non-resident for SARS and the South African Reserve Bank is a tax status declaration only. It has no bearing on your citizenship whatsoever. You remain a South African citizen until you actively renounce citizenship in writing.

My child was born abroad while I unknowingly had no SA citizenship. Are they entitled to SA citizenship? This depends on the specific dates and circumstances. If the ConCourt ruling restores your citizenship retroactively to the date before your child was born, your child may qualify for SA citizenship by descent. This is a complex area — consult the DHA or a qualified immigration attorney, and see the Citizenship by Descent guide.

I was told at a SA border crossing to use my foreign passport because I was “no longer a citizen.” Is that still correct? No. Under the ConCourt ruling you are deemed never to have lost citizenship. Border Management Authority officials may not yet be fully aligned with the ruling in all cases. Update your population register record via the reinstatement portal, then travel on your SA passport.

Contact Details

Citizenship Reinstatement Portalmyhomeaffairsonline.dha.gov.za
DHA Contact Centre0800 60 11 90
DHA emailhacc@dha.gov.za
DHA Application Portalservices.dha.gov.za
SA Missions abroaddirco.gov.za

Related Guides

Information sourced from dha.gov.za, Constitutional Court judgment CCT184/23, Nedbank, and Wikipedia SA nationality law.

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