By Sue-Ann de Wet

For many South Africans who are living abroad, emigration brings new opportunities, but also important decisions about identity, documentation and citizenship. One of the questions that often comes up is whether one should consider dual citizenship and what it means for your ties with South Africa.

For years, there has been uncertainty about the legal position of South Africans who acquire a second citizenship. Many people have even forfeited their South African citizenship because they did not seek prior permission from the South African government to retain their South African citizenship before accepting this new citizenship. However, a recent court ruling has radically changed this situation.

An important court ruling brings clarity

The provision in the South African Citizenship Act 88 of 1995 that people automatically lose their citizenship when they take up the citizenship of another country was recently declared unconstitutional by the Constitutional Court. This ruling therefore means that South Africans no longer automatically forfeit their South African citizenship when they acquire a second citizenship. The court also ruled that the provision is retroactively invalid, meaning that people who forfeited their citizenship under the previous rules must be recognised as South African citizens again.

This ruling brings great relief to many South Africans around the world who want to maintain their connection to South Africa, even if they live and work in other countries.

What dual citizenship means in practice

Dual citizenship means that a person may hold citizenship of two countries under South African law. In many countries where South Africans live – such as Australia, Canada, the United Kingdom and New Zealand – dual citizenship is permitted.

This gives people the advantage of being able to fully assimilate into their new country, while still retaining their original citizenship. For many South Africans abroad, this is an important balance: to take advantage of new opportunities but still maintain a formal and emotional connection to South Africa.

Why many South Africans want to retain their citizenship

Even when people become permanently settled abroad, many deliberately choose to retain their South African citizenship.

One reason is practical. Citizenship makes it easier to return to South Africa for work or family obligations, or possible permanent return. It can also simplify administrative processes, such as owning property or managing business interests in South Africa.

Practical things to keep in mind

Although the court ruling did indeed bring about major change, there are still certain practical matters that South Africans abroad need to remember.

For example, South African citizens must still enter and leave South Africa with a valid South African passport. It is therefore important to ensure that your passport is always valid. It is also wise to stay informed of changes in immigration and citizenship laws, both in South Africa and in the country in which you live.

Furthermore, it is always advisable to do thorough research before you make important decisions about citizenship, especially since different countries have different requirements, each of which may have different implications.

Your citizenship is more than just a passport

For many South Africans abroad, citizenship is about more than just an administrative status. It is about a sense of belonging.

When people emigrate, many things change: work, language environments, schools and cultural habits. However, your history and your identity remain part of you, regardless of where in the world you live.

The recent court ruling confirms something that many South Africans have long felt: that you do not have to forfeit your citizenship when your life moves across borders.

Also read: Passport services for South Africans abroad: What has changed recently?