South African Citizenship Reinstatement: What the Constitutional Court Ruling Means
A recent ruling by the Constitutional Court of South Africa has important consequences for South Africans who believed they lost their citizenship after acquiring citizenship of another country.
The Constitutional Court Ruling
The Court declared that Section 6(1)(a) of the South African Citizenship Act (Act 88 of 1995) is unconstitutional and invalid from its inception on 6 October 1995. This section previously provided that a South African citizen would automatically lose their South African citizenship upon voluntarily acquiring the citizenship of another country, unless they had obtained prior permission from the Minister of Home Affairs.
As a result of this ruling, individuals who lost their South African citizenship under this specific provision are now deemed not to have lost their citizenship.
Who May Benefit?
If you acquired another citizenship after 6 October 1995 and were informed that you automatically forfeited your South African citizenship because you did not obtain prior permission, this judgment may affect you. You may now be regarded as having remained a South African citizen.
Who Is Excluded?
The Constitutional Court’s decision does not apply in every situation. In particular, it does not extend to:
- Individuals who voluntarily renounced their South African citizenship (for example, where renunciation was a requirement to obtain another citizenship); or
- Individuals who lost their citizenship through conversion before 6 October 1995.
These categories remain excluded from reinstatement under this judgment.
How to Verify Your Citizenship Status
The Government of South Africa has created an online platform where potentially affected individuals can verify their citizenship status and, where applicable, begin the confirmation process.
You can access the official portal here: https://myhomeaffairsonline.dha.gov.za
To use the system, you must first create an online profile and then follow the guided steps, which may include:
- Registering an account;
- Checking your citizenship status;
- Capturing a live photo (biometrics);
- Uploading a photo of your passport;
- Completing the online application form; and
- Submitting your application and awaiting an outcome.
How Versfeld & Hugo LLC Can Assist
For many individuals, the reinstatement or confirmation of South African citizenship forms part of a broader immigration and mobility strategy. Questions often arise about dual citizenship, residence and tax considerations, as well as the impact on existing or planned immigration processes in other countries, including the United States.
At Versfeld & Hugo LLC, our attorneys assist clients in understanding how this Constitutional Court ruling interacts with their current immigration status and long-term plans. We work with South Africans worldwide who are considering investment, employment, family-based or other immigration options, and who need clarity on how their citizenship status may influence these pathways.
If you believe you may be affected by this judgment and would like tailored guidance, please contact our team:
Email: info@versfeldimmigration.com
Website: www.versfeldimmigration.com
Phone: +1 816 891 8600
This article is for general informational purposes only and does not constitute legal advice. Individuals should obtain advice tailored to their specific circumstances before acting on the basis of this information.
