Last checked: 23 October 2026
Retaining South African citizenship when you take another citizenship
For South Africans in the United States who have taken US citizenship, or another citizenship, or who are about to. This page summarises the Constitutional Court order of 6 May 2025 and the Home Affairs pages that implement it. It is not legal advice. Confirm your own record before you travel or pay.
What the Court decided
On 6 May 2025 the Constitutional Court confirmed the Supreme Court of Appeal's order in Democratic Alliance v Minister of Home Affairs (CCT 184/23). It declared section 6(1)(a) of the South African Citizenship Act 88 of 1995 inconsistent with the Constitution and invalid from 6 October 1995. Citizens who lost their citizenship by operation of that section are deemed not to have lost it [source, source]. DHA's 24 November 2025 statement says the judgment took immediate effect and that affected people are deemed never to have lost their citizenship [source].
The struck-down section applied to a citizen who, whilst not a minor, by a voluntary and formal act other than marriage, acquired the citizenship or nationality of another country. The old rule removed South African citizenship unless the Minister had given permission to retain it beforehand. The Court held that this ministerial power, in section 6(2), did not save section 6(1)(a) [source, source]. The order does not say that every other loss-of-citizenship rule in the Act was struck down.
Who DHA says is covered
- Anyone who lost citizenship under section 6(1)(a) is considered to have retained it. DHA tells those people to check their status on the official portal and, if needed, start reinstatement there [source, source].
- If your second nationality was acquired after 6 October 1995 and you did not obtain ministerial permission, DHA says you are automatically covered and considered to have retained South African citizenship. DHA still says you may use the portal to confirm your status [source].
- The portal FAQ says the ruling covers both citizens by birth and people who obtained citizenship through naturalisation, if the naturalised citizenship was lost after acquiring another country's citizenship [source].
- Children born while a parent was incorrectly recorded as having lost citizenship may have affected statuses. DHA says the system will advise if dependants need further steps. It does not list those steps [source].
The portal is myhomeaffairsonline.dha.gov.za/reinstatement-of-citizenship. The Embassy citizens services page links to My Home Affairs Online for citizenship reinstatement [source].
Who is not covered
- Voluntary renunciation. DHA says the ruling does not apply to people who voluntarily renounced South African citizenship, which DHA describes as a common requirement when obtaining citizenship in another country [source].
- Before 6 October 1995. People who lost citizenship through conversion before 6 October 1995 are not eligible for reinstatement under this judgment [source].
Neither the judgment nor the DHA FAQ says whether the United States naturalization oath counts as voluntary renunciation of South African citizenship. This page does not decide that. Use the portal to check the record in your name.
Check or confirm your status
DHA's reinstatement FAQ, checked on this date, describes this process. Do it yourself. Someone may help you, but you must be the person verified by the selfie or passport upload [source].
- Create a profile at My Home Affairs Online. DHA emails a verification link. Log in with that email and password [source].
- Check your citizen status. You need your ID number [source, source].
- Take a selfie in a well-lit place with a white background. If the selfie is not enough, scan a passport. A South African or foreign passport is accepted, including an expired passport. Do not cover the page with your fingers, and avoid overhead light on the page [source].
- If your citizenship is still valid, DHA confirms it and says reinstatement is not necessary [source].
- If your citizenship may have been revoked, complete the application. DHA says most details are pre-filled from its records. Submit it. You are told by email when it is finalised. Track it under My Applications, at the top right of the homepage [source].
- From the USA: yes. The platform is global. You may use a foreign passport if you do not have a valid South African passport [source, source].
- Time: allow 8 to 10 weeks for DHA to review a reinstatement application. If the record already shows you as a citizen, DHA says you are notified immediately [source, source].
- Fee: the DHA reinstatement FAQ does not state a fee. Do not assume it is free, and do not pay a figure from the older Embassy retention forms unless you are filing one of those forms.
- Documents: a selfie, a passport (South African or foreign, even if expired), and further documents only if the review asks for them [source].
- Invalid ID number: DHA says this can happen if the number does not match its records, including where the ID format changed after 1986, or if it was typed wrong. The FAQ gives the contact as HACC on +27800 601 190 [source]. The portal FAQ gives the email hacc@dha.gov.za [source].
- Passport: reinstatement does not issue a passport. You apply separately. DHA says that application is at a Home Affairs office or a South African mission abroad [source]. In the USA, VFS takes passport applications. See what to bring and fees.
- Must you go to an office? The DHA FAQ says the process is fully online, and that in rare cases DHA may tell you to visit a Home Affairs office. It does not say a mission in the United States can finish that rare case [source]. The portal FAQ answers "Do I need to visit a Home Affairs office or a South African mission abroad?" with no, and says the entire process is completed online [source].
- Is there a certificate? The DHA FAQ says the outcome is sent electronically, and that you will be told if a certificate is added later [source]. The portal FAQ says you will not receive a certificate of reinstatement. The result is by email, and you can check the updated status on the portal [source].
- "Instantly" and 8 to 10 weeks. The Minister's 24 November 2025 statement describes correcting the population register from anywhere in the world, and says a person whose citizenship is still valid is notified immediately [source]. The same department's FAQ says a submitted reinstatement application takes 8 to 10 weeks because of risk checks [source].
Passport applications still ask for a retention certificate
The Embassy adult passport checklist dated in the file path February 2026, after the judgment and after the portal launch, still asks for a "Copy of Retention Certificate (if applicable)" [source]. The checklist does not say when it is applicable, and it does not say that a portal email replaces it.
The VFS consular services page, as summarised on what to bring, asks dual citizens for proof of how and when the other nationality was acquired, and gives a naturalization certificate and a retention certificate as examples. An automated re-check of that VFS page on 23 October 2026 returned 403 Forbidden, so the current VFS wording was not re-read. Open the VFS page yourself before you book.
Travelling to South Africa
- DHA says South Africans living and working abroad must have a valid South African passport to travel to South Africa. If you still hold South African citizenship, DHA says you will be penalised for entering on a foreign passport. The FAQ does not state the penalty amount [source].
- Proof that you have applied for a South African passport is not accepted for travel. In an emergency, DHA says you may apply for an Emergency Travel Certificate at your local mission. See lost passport and the ETC [source].
- A minor who has dual citizenship also needs a valid South African passport to enter South Africa. DHA's answer is "Yes" [source].
- A child who was never registered as a South African citizen may travel on a foreign passport, subject to visa requirements. To register that child, DHA says you apply for foreign birth registration at the mission or a local office [source]. Where that application is lodged is in conflict: the Embassy birth registration page still describes mailing it in [source]; the citizens services page says no mailed-in birth registration will be processed and points birth registration to VFS [source]; DHA says a citizen born abroad whose birth is not on the population register cannot be served at the VFS centres and must go to a mission [source]. This site does not yet have a full birth-registration page.
If you do not want South African citizenship
DHA says you may apply for renunciation [source]. The Embassy still publishes a renunciation requirements PDF, linked from the citizens services page [source, source]:
- DHA-246 renunciation form and BI-529
- Copy of birth certificate or passport, if available
- Original South African passport, ID book or card
- Copy of the US naturalization certificate, or other foreign citizenship
- Minimum processing period 6 to 8 months
- The PDF says to mail the application to the South African Embassy, 3051 Massachusetts Avenue NW, Washington, DC 20008
The PDF does not state a fee [source]. The citizens services notice that no mailed-in applications will be processed names passport, identity document and birth registration. It does not name renunciation [source]. Confirm with the Embassy before you post original documents.
Older Embassy and consulate pages
These pages are still online. They describe the pre-judgment retention and exemption process. They do not mention the 6 May 2025 order.
- Embassy citizenship page, section 6(2). It says a citizen who intends to retain citizenship must apply before foreign citizenship is taken, and should have the exemption certificate in hand first. It lists BI-529E, BI-1664, a valid passport, proof of South African citizenship, a notarized letter that the foreign citizenship has not been taken up, proof of current status in that country, a fee of $25, and 4 to 6 weeks [source].
- Embassy retention PDF (file path February 2024): DHA-1664, BI-529, copy of the South African passport, copy of the US permanent residence card, a notarized affidavit that you have not yet taken up US citizenship, $25 money order payable to the SA Embassy, 30 business days, mailed to the Embassy [source].
- Before 6 October 1995. The Embassy still publishes a section 26(4) exemption for foreign citizenship taken before that date: BI-529, proof of the foreign citizenship, copy of the South African passport, $25, and 30 business days, mailed to the Embassy. The citizenship page calls the form BI-1666. The PDF and the New York forms list call it DHA-1666 [source, source, source]. DHA says this judgment does not reinstate that group [source].
- New York. The consulate's civic forms list still includes retention on DHA-1664 and a section 26(4) exemption on DHA-1666. That list gives no fee and no processing time [source]. The New York and Los Angeles immigration pages still list retention of citizenship, determination of citizenship, and renunciation. They do not mention the 2025 judgment or the portal [source, source].
If you already hold another citizenship, or you are about to take one, start with the DHA portal. The section that used to remove citizenship for that act is invalid from 6 October 1995 [source, source]. If VFS or the Embassy still asks for a retention certificate with a passport application, the February 2026 checklist shows that request is still in print [source].
Sources checked
- Constitutional Court, media summary and order, 6 May 2025
- Full judgment, SAFLII, [2025] ZACC 8
- DHA statement, 24 November 2025, citizenship portal launch
- DHA citizenship reinstatement FAQ
- My Home Affairs Online, reinstatement
- My Home Affairs Online FAQ
- SA Embassy, Washington, citizens services (links to the portal)
- SA Embassy citizenship page (section 6(2) and section 26(4) still published)
- SA Embassy adult passport checklist, February 2026
- SA Embassy retention PDF, exemption PDF, renunciation PDF
- Consulate General, New York, civic forms, New York immigration services, Los Angeles immigration services