By Breytenbachs Immigration Consultants

The Constitutional Court of South Africa delivered a landmark judgment that reshapes the legal landscape for thousands of South African citizens who are living abroad and have acquired citizenship of another country. This development has far-reaching implications for affected people and opens a critical window for reinstating their South African citizenship. In this article, Breytenbachs Immigration explains the legal consequences, current guidance from the Department of Home Affairs (DoHA), and how affected persons can prepare for the next steps.

Constitutional Court Judgment

On 6 May 2025, the Constitutional Court of South Africa (Democratic Alliance v Minister of Home Affairs and Another [2025] ZACC 8) confirmed that section 6(1)(a) of the South African Citizenship Act 88 of 1995 is inconsistent with the Constitution and was struck down with immediate effect from its promulgation date of 6 October 1995.

The judgment made by Justice Majiedt confirmed and declared that adult South Africans who have lost their citizenship by not taking voluntary steps to retain South African citizenship before they acquired a foreign citizenship, are now deemed not to have lost their citizenship, in accordance with section 6(1)(a) of the South African Citizenship Act 88 of 1995.

Critical legal effects

Firstly, adult South African citizens are no longer required to retain South African citizenship as section 6(1)(a) of the Act has been declared invalid with immediate effect. South African citizens who have pending applications for retention of their South African citizenship will be advised on remedial measures by the DoHA, if any. The DoHA has not yet confirmed this process. It is important to note that only section 6(1)(a) of the Act has been declared unconstitutional; therefore, only South Africans who have lost their citizenship in terms of this section are affected by this ruling.

Second, the Constitutional Court confirms that there was no dispute regarding the suspension and limitation of the retrospectivity of the declaration of invalidity of the impugned section. Therefore, affected South African citizens who may have lost their South African citizenship automatically in terms of section 6(1)(a) of the Act (“Affected South African citizens”) are not yet automatically re-instated South African citizens.

The Minister of Home Affairs, Dr Leon Schreiber, who welcomes this judgement, has confirmed that the DoHA would not only abide by this ruling, but had immediately started work to enable affected individuals to confirm their citizenship reinstatement.

The DoHA are still within the process of implementing a dedicated online portal so that any person who believes that they were adversely affected by the unconstitutional provision can lodge an online case to confirm their citizenship reinstatement from anywhere in the world.

Once the portal and application details has been established and published by the DoHA, affected South African citizens will be able to apply to confirm their South African citizenship and/or have their South African citizenship reinstated.

Third, affected South African citizens are reminded that section 6(1)(a) of the Act has only been struck down as from its promulgation date of 6 October 1995 and not prior to this date.

Affected South African citizens are cautioned to review whether their circumstances are applicable in terms of of section 6(1)(a) of the Act and to contact Breytenbachs Immigration to confirm whether they may be eligible to have their South African citizenship reinstated.

Lastly, the DoHA may publish a directive with guidance on preliminary measures to be taken for those who are already in the process of retaining South African citizenship and/or new applications, which may contradict the above, in accordance with their administrative and public law powers. Should further developments or updates be published, further correspondence and communication will be published by Breytenbachs Immigration.

What this means for South African citizens abroad

This landmark decision by the Constitutional Court significantly impacts South African nationals who are residing abroad and who were unaware of or unable to comply with the former legal requirement to apply for retention of citizenship before acquiring foreign nationality. The invalidation of section 6(1)(a) of the Act ensures that affected people are no longer treated as having forfeited their South African citizenship by default.

This change is particularly relevant for those with family ties, property or future relocation plans involving South Africa. It opens the door for thousands to restore their full legal rights and identity as South African citizens.

Preparing for the reinstatement process

While the DoHA is finalising its dedicated online portal for reinstatement applications, we advise affected persons to gather the following supporting documentation:

• a copy of their South African birth certificate or previous passport
• proof of the date they acquired a foreign citizenship
• any historical correspondence with the DoHA
• any evidence of attempts to retain citizenship under the prior legal regime.

Once the official portal and guidelines are published, it will be essential to act promptly to avoid delays and ensure proper processing of your citizenship status.

How Breytenbachs Immigration can assist you

Breytenbachs Immigration has decades of experience helping South Africans and foreign nationals to navigate complex citizenship, residency and visa laws.

We provide

• expert legal assessments of your eligibility under the revised law
• sssistance in preparing and submitting your reinstatement application
• ongoing updates as the DoHA rolls out new systems.

If you believe you may be affected by this judgment or are uncertain about your status, contact our team of experts today. We offer tailored advice and support to ensure that you secure or restore your South African citizenship with confidence and peace of mind.

At Breytenbachs Immigration, we remain fully committed to keeping our clients and community informed as this matter progresses. We will continue to monitor updates from the DoHA and the implementation of the online reinstatement portal. Further articles and legal insights will be published on our website as new developments arise, ensuring you stay informed and prepared every step of the way.

Visit https://www.bic-immigration.com/contact/ to contact one of our expert consultants today.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Please consult a qualified immigration specialist regarding your individual case.