South African Citizenship Retention: what you need to know before it is too late

The Constitutional Court in South Africa reserved judgment on the Democratic Alliance (DA) Abroad’s citizenship court case, which challenges the loss of South African citizenship for those who acquire another nationality without first applying for retention. While the court has yet to make a final ruling, South Africans living abroad must act now to avoid any legal complications in the future.

Current law still applies – Citizenship loss is still in effect

Until the Constitutional Court issues a decision, the law remains unchanged. Under Section 6(1) of the South African Citizenship Act, South African citizens automatically lose their citizenship if they voluntarily acquire another nationality without first obtaining permission for retention from the Minister of Home Affairs. This means that:

1. If you have acquired a foreign citizenship without prior retention approval, you may have already lost your South African citizenship.
2. The legal challenge does not change the fact that the requirement remains legally binding.
3. Anyone planning to obtain another nationality should apply for retention to safeguard their South African citizenship.

Why you should not wait for the court’s decision

Many South Africans abroad and locally believe that they can simply wait for the Constitutional Court’s ruling, hoping that the law will be overturned. However, this is a risky approach, and here is why:

1. If the court upholds the law, individuals who did not apply for retention will have lost their citizenship permanently.
2. Even if the law is declared unconstitutional, the government may not immediately restore lost citizenships. A legal process may be required, which could take years.
3. The uncertainty of the timeline means you could end up stateless or face difficulties when dealing with South African authorities.

What happens if the Constitutional Court declares the law unconstitutional?

Should the Constitutional Court rule in favour of the challenge, declaring Section 6(1) unconstitutional, several possible scenarios may unfold:

1. The South African government may introduce new legislation to amend or replace the current law.
2. A mechanism may be introduced for individuals who lost their citizenship to reclaim it, but this process may not be automatic.
3. Those who have already lost their citizenship may need to take legal action to restore it, requiring legal assistance and time.

Take action now – Protect your citizenship

Given the uncertainty surrounding the court’s final ruling, South Africans who wish to obtain foreign citizenship should apply for citizenship retention. Do not assume that a future ruling will automatically restore your status.

At Breytenbachs Immigration Consultants, we have assisted many South Africans in navigating complex immigration laws. Our team of experts can:

• Assist you with the South African citizenship retention process.
• Provide legal guidance if you have already lost your citizenship and need to explore possible remedies.
• Keep you updated on legal changes that may impact your status.

📞 Contact Breytenbachs today to secure your South African citizenship and avoid future legal complications.