By Mrs Bernelee Venter
Admitted attorney (non-practising) | Breytenbachs Immigration Consultants

South Africa now allows certain former citizens to restore their citizenship following a Constitutional Court ruling. Learn about the reinstatement process and the legal requirement for South Africans to travel using a South African passport.

Recent developments surrounding the reinstatement of South African citizenship have generated significant public interest. The Department of Home Affairs has introduced an online portal designed to assist individuals who lost their citizenship under previous legislation to confirm and restore their status.

While this development is positive for many former South African citizens, it has also created widespread confusion about travel requirements for South African citizens. In particular many people now believe that South Africa has recently introduced a new rule requiring citizens to travel with a South African passport.

This is incorrect.

The requirement for South African citizens to enter and depart South Africa using a South African passport has existed for many years. The recent publicity around citizenship reinstatement has simply brought renewed attention to this long-standing legal requirement.

The legal requirement: South African citizens must use a South African passport

The obligation for South African citizens to enter and leave the Republic using a South African passport is contained in the South African Citizenship Act 88 of 1995.

Section 26B of the Act provides:

“A South African citizen must enter and depart from the Republic using a valid South African passport.”

This requirement applies to all South African citizens, including individuals who hold dual nationality. The rule is therefore not new legislation, nor is it linked to the recent developments concerning citizenship reinstatement.

What this means in practice

In practical terms, the law means:

• A South African citizen must present a valid South African passport when entering or leaving South Africa.
• Dual nationals should identify themselves as South African citizens when interacting with South African immigration authorities.
• Travelling solely on a foreign passport while still holding South African citizenship can lead to serious legal and administrative complications.

A common problem we see in practice

At Breytenbachs Immigration Consultants, we regularly assist individuals who encounter difficulties because they travelled to South Africa using only their foreign passport.

When a South African citizen enters the country on a foreign passport, the immigration system treats them as a foreign visitor rather than a South African citizen. As a result, they are typically granted a 90-day visitor entry stamp, which is standard for foreign nationals entering South Africa.

The problem arises when the individual remains in South Africa longer than the permitted 90 days, assuming that their South African citizenship will protect them. Because they entered as a foreign national, the immigration system records them as a visitor. If they remain beyond the authorised period, they can be recorded as overstaying their permitted stay.

In some of the cases we have assisted with, individuals have been declared undesirable under South African immigration law due to this overstay.

This situation can be extremely distressing, particularly because the person may technically still be a South African citizen. Correcting these records with the Department of Home Affairs can be complex and may require legal intervention.

For this reason, South African citizens should always enter and depart the country using their South African passport, even if they hold another nationality.

The Constitutional Court judgment that changed South African citizenship law

Renewed attention to South African citizenship law follows the Constitutional Court judgment of 6 May 2025, which confirmed that section 6(1)(a) of the South African Citizenship Act 88 of 1995 is unconstitutional and invalid. This provision previously caused South Africans to automatically lose their citizenship if they voluntarily acquired another nationality without prior permission to retain it.

You can read a detailed explanation of this judgment in our article:
https://www.bic-immigration.com/bic/constitutional-court-judgment-section-61a-of-the-south-african-citizenship-act-declared-invalid/

The online portal for citizenship reinstatement

Following the Constitutional Court judgment, the Department of Home Affairs announced that it would develop a dedicated online portal.

The purpose of the portal is to allow individuals who believe they were affected by the unconstitutional provision to submit applications to confirm their citizenship reinstatement from anywhere in the world.

You can read more about this development here:

While this portal represents an important step forward, the process of confirming or restoring citizenship can still involve complex administrative procedures and legal analysis.

Why professional advice is important

Citizenship reinstatement cases often involve complex legal and administrative considerations, including historical citizenship records, constitutional law developments, Department of Home Affairs procedures and passport or identity documentation issues.

At Breytenbachs Immigration Consultants, our nationality specialists regularly assist clients with the restoration of lost South African citizenship, confirmation of citizenship status, dual nationality compliance and resolving immigration record issues. Because every case depends on individual circumstances, professional legal guidance can help ensure that applications are prepared correctly from the outset.

AUTHOR

This article was drafted by Bernelee Venter, an admitted attorney in South Africa and a South African citizenship law specialist at Breytenbachs Immigration Consultants.

DISCLAIMER

This article is intended for informational purposes only and does not constitute legal advice. Immigration laws are subject to change and legal eligibility depends on individual circumstances. We recommend seeking professional legal advice tailored to your specific case.

To be interlinked:

South African citizens – https://www.bic-immigration.com/sa-immigration/permanent-residence/south-african-citizenship/

Also read: From setback to success: How Breytenbachs Immigration Consultants helped a client overcome a past immigration scam and achieve British citizenship