South Africa: Automatic Loss of South African Citizenship Declared Unconstitutional
May 6, 2025

Update May 6, 2025: The South African Constitutional Court confirmed the order of the Supreme Court of Appeal, following the Department of Home Affairs’ appeal of the former decision. This means that former South African citizens who lost their citizenship as a result of the prior rule are now deemed to be citizens. It also means that South African citizens who gain citizenship in another country do not need to apply to retain their South African citizenship before becoming citizens of the other country.
June 15, 2023: The Supreme Court of Appeal (SCA) has ruled unconstitutional a provision of law that caused South African citizens to automatically lose their South African citizenship if they failed to apply to retain their citizenship before becoming citizens of another country. South African citizens who lost their citizenship during the validity of this rule must apply for South African passports for purposes of entry or departure from the country. The Department of Home Affairs has not confirmed whether it will appeal the decision to the constitutional court. If it appeals and wins, the provision may again be held valid and South African citizens seeking another country’s citizenship will need to continue to apply to retain their South African citizenship. If the Department does not appeal the decision, South African citizens will be able to retain their South African citizenship even if they are citizens of other countries, without applying to retain their South African citizenship. Fragomen will monitor this development and provide updates.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen

Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.

Blog post
Immigration Director Adriana Martínez Garro explains the residency process in Costa Rica for families relocating with dependents, outlining key legal considerations and steps for securing status.

Media mentions
Fragomen contributed data showing how UK visa and health surcharge costs compare with other leading research nations.

Fragomen news
Fragomen supported this report, which explores how gender shapes migration patterns, visa routes, employment and settlement in the UK.

Blog post
Senior Associate Tomasz Rdzanek or Poland Immigration Strategy Director Tomasz Rogala discuss proposed changes to Poland’s citizenship law aimed at simplifying eligibility and clarifying naturalisation procedures for foreign nationals.

Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.

Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.

Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.

Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.

Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.

Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.

Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.

Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.