The South African Citizenship Act (No 88 of 1995) came into operation in 1995. The ‘Act’ and its numerous amendments expound the rights of citizenship in line with the Constitution of the Republic of South Africa.

The Act took a liberal stance in allowing dual or multiple nationalities to be obtained by a South African citizen, subject to certain provisions.

The first provision relates to the fact that any South African citizen (other than a minor) who acquired another citizenship after the Act came into operation, had to apply for retention of his/her South African citizenship status. If this process was not followed, such person would automatically lose his/her South African citizenship status in terms of section 6(2) of the Act.

If that person was a born South African, they would not lose the right to residence but only the right to South African citizenship status.

In such instance it would be possible for that person to apply for a resumption of his/her South African citizenship status at a later stage if permanently residing in South Africa.

If that person acquired another citizenship(s) before the Act came into operation in 1995 he/she would have to apply for exemption from the loss of South African citizenship status in order to protect his/her South African citizenship status.

All of the above steps take a series of administrative applications to the Department of Home Affairs.

If you would like to know more about these processes or to be assisted with processing such applications, go to http://www.immigration.org.za/ and complete the free citizenship questionnaire; we will get back to you quickly.

It is suggested that you consult an attorney specialising in this specific area of law prior to acquiring another citizenship in order to ensure your rights.

Should you not wish to retain your South African citizenship status, all you have to do is simply go ahead with the acquisition of another passport and process a determination of your status. This will confirm that you have lost your right to South African citizenship status as a South African born citizen but have retained the right to permanent residence.

You will have to change your identity document to a SA non-citizen identity document and you will become a permanent resident with all the rights of a citizen excluding the right to vote.

Only two restrictions do indeed apply to dual or multiple passport holders:

• South African citizens holding other passports must enter and leave South Africa on their South African passports in line with international best practice in this regard.
• South African citizens holding other passports may not claim any benefit, such as VAT, on their foreign passports in South Africa as there is a prohibition against claiming benefits to which they normally would not have been entitled as South African citizens.

All enquiries can be forwarded onto enquires@immigration.org.za.