In the spotlight: Is your citizenship at risk?
South Africa’s citizenship laws have recently come under scrutiny, particularly in light of a significant legal battle concerning the loss of citizenship for those who acquire foreign nationality. This issue is especially relevant for South African expats who may not be aware of the implications of dual citizenship.
The Legal Background
At the heart of the current debate is Section 6(1)(a) of the South African Citizenship Act, which states that an adult citizen loses their South African citizenship if they acquire the citizenship of another country without first receiving permission from the Minister of Home Affairs. This provision has been contentious and has faced legal challenges, with the latest ruling by the Supreme Court of Appeal (SCA) in June 2023. The SCA declared Section 6(1)(a) unconstitutional and invalid from its inception on October 6, 1995. The SCA’s decision has far-reaching consequences. If upheld, those who have lost their South African citizenship based on this law would have to have their citizenship reinstated. Anyone applying for, or accepting, another citizenship will no longer lose their South African citizenship status. The matter is now being taken to the Constitutional Court for confirmation, after which the Citizenship Act would have to be amended accordingly.
What Does This Mean for You?
Many South African expats may not realize that by applying for citizenship in another country, they could inadvertently lose their South African citizenship – unless they first ask the South African authorities for permission. As it stands, you must submit an application for retention of status and receive a result before you are granted another citizenship (The rule does not apply to dual citizenship by descent or birth registration, or to minors). Until the legal battle is concluded, this process will remain in effect. This means that if you or a family member are planning to acquire another nationality but want to keep your South African citizenship, you are still required to follow the prescribed process.
You’ve Already Obtained Dual Nationality: What Now?
Although the current law does strip you of your citizenship from the moment you are granted another nationality, you retain the right to live and work in South Africa. Former South African citizens by birth are afforded an automatic right to permanent residence, which is confirmed through a process called “determination of status”. If you think you have lost your citizenship, this application will confirm your rights and enable you to apply for a non-citizen ID.
Questions? Get In Touch
At IMCOSA, we specialise in immigration and citizenship matters, providing tailored guidance to help you navigate the complexities of citizenship laws. Our experienced team can assist you in understanding your rights and obligations, ensuring you take the necessary steps to protect your South African citizenship status.