Dual citizenship in South Africa is legal, and the rules became considerably friendlier in 2025. Under the South African Citizenship Act 88 of 1995, you can hold South African citizenship alongside another nationality, whether you were born with both, acquired the second one as an adult, or naturalized as a South African while keeping your original citizenship.1South African Government. South African Citizenship Act 88 of 1995 The paperwork, the risks, and the tax picture depend on which of those routes applies to you.
The Three Ways People End Up With Both
Most dual citizens fall into one of three groups.
If you were born a South African citizen and picked up another nationality at birth because of a parent’s citizenship or your place of birth, you already hold both. No application is required. Children under 18 who acquire a foreign citizenship through a parent also keep their South African citizenship automatically.
If you’re a South African adult who wants to take on a foreign citizenship, the historical rule was strict: Section 6(1)(a) of the Citizenship Act automatically stripped your South African citizenship the moment you naturalized abroad unless you had applied for retention first. That provision was struck down in 2025, which reshapes the risk but not the recommended process.2SAFLII. South African Citizenship Act 1995
If you’re a foreign citizen who naturalizes in South Africa, you keep your original citizenship as long as your home country allows it. South Africa does not require a separate retention step on the foreign side.
What the 2025 Constitutional Court Ruling Changed
In May 2025 the Constitutional Court declared Section 6(1)(a) unconstitutional and invalid, backdated to the Act’s start on 6 October 1995.2SAFLII. South African Citizenship Act 1995 In Democratic Alliance v Minister of Home Affairs, the court held that anyone who lost their citizenship under that section is deemed never to have lost it.
The effect is retroactive. If you naturalized in another country years or decades ago without filing for retention and were told your South African citizenship was gone, the ruling says it wasn’t. Home Affairs has opened a portal at myhomeaffairsonline.dha.gov.za for affected people to sort out their records, and the practical next step is contacting your nearest South African mission for current processing guidance. Some consulates and government pages still carry pre-ruling warnings, so expect uneven service until the departments catch up.
Why the Retention Application Still Matters
The ruling removed the automatic penalty; it did not remove the retention process. Section 6(2) still lets citizens apply to the Minister to retain their South African citizenship before acquiring a foreign one, and an approved retention certificate remains the cleanest proof that your status is intact.2SAFLII. South African Citizenship Act 1995
Several consulates continue to process applications under the old framework. The South African High Commission in the United Kingdom still states in its guidance that acquiring a foreign citizenship without applying for retention causes automatic loss.3South African High Commission in the United Kingdom. Retention of South African Citizenship Filing for retention in advance is faster and cheaper than arguing constitutional law at a consular window later.
Documents You Need for a Retention Application
Requirements vary slightly by mission. The London High Commission’s list is representative:3South African High Commission in the United Kingdom. Retention of South African Citizenship
- Two certified copies of your valid South African passport. Not the original.
- An official letter from the foreign country’s immigration authority confirming you have not yet acquired their citizenship. In the UK this is a non-acquisition letter from UK Visas and Immigration.
- Form DHA-1664, the retention application itself, completed in black ink and block letters with every question answered.
- Form DHA-529, the citizenship determination form, which collects your personal history, marital status, and both parents’ full details including their ID numbers.
- A prepaid, self-addressed special delivery envelope for return of your certificate.
Include certified copies of marriage certificates, divorce decrees, or a spouse’s death certificate where relevant. Any document not in English needs a sworn translation. Both forms are available on your nearest South African mission’s website.
Incomplete forms are the single most common reason applications come back unprocessed. Answer every question, even the ones that feel redundant. Writing “N/A” or leaving fields blank will get the package returned.
Where to File, What It Costs, and How Long It Takes
Most South African missions abroad require submission by post rather than in person. If you’re inside South Africa, you can file at a Department of Home Affairs office directly. Confirm the accepted method with the office handling your case before sending anything.
Fees are non-refundable and depend on where you file. The South African Embassy in Washington charges $25.00 USD by money order.4Embassy of South Africa. Retention of South African Citizenship London charges £25.00 by electronic bank transfer.3South African High Commission in the United Kingdom. Retention of South African Citizenship Stockholm charges SEK 220.5South African Embassy Stockholm. Application for Retention of South African Citizenship Cash and personal checks are generally not accepted.
Processing runs about 15 working days in London and around 30 business days in Washington.4Embassy of South Africa. Retention of South African Citizenship Where a non-acquisition letter is required, some offices insist it arrive at least 20 days before it expires. Time your foreign naturalization so the retention approval lands first.
Children Born Abroad
A child born outside South Africa to at least one South African parent is a citizen by descent, but the birth must be registered with the Department of Home Affairs through a South African embassy or consulate.6Embassy of South Africa. South African Citizenship Register promptly after birth.
You will typically need:
- Form BI-24, endorsed by the South African parent.
- Form BI-529, completed for the child and both parents.
- The foreign birth certificate, original or notarized copy.
- The South African parent’s proof of citizenship: birth certificate, ID book, or valid passport, original or notarized copy.
- The parents’ marriage certificate, original or notarized copy.
- If one parent is not South African, a notarized consent letter from that parent agreeing to registration of the child in South Africa.
Once registered, the child holds dual citizenship from birth if the other country also recognizes them. No separate retention application is required for a minor.
Which Passport to Use
South African law requires dual citizens to enter and leave South Africa on a valid South African passport. Section 26B of the Citizenship Act makes it an offence to enter or depart on a foreign passport, or to use foreign citizenship inside South Africa to gain an advantage or avoid a responsibility that applies to South African citizens. The maximum penalty is a fine or up to 12 months in prison.7Acts Online. South African Citizenship Act 1995 – Section 26B
In practice, enforcement has been light. In 2025 the Border Management Authority stated publicly that no new fines, arrests, or enforcement policies had been introduced at ports of entry. If your South African passport expires while you’re abroad, you can apply for an Emergency Travel Certificate at any South African mission, and even without one you cannot be denied entry to South Africa if you can otherwise prove your identity as a citizen.
Outside South Africa, use whichever passport suits you. Many dual citizens carry the foreign passport for everyday travel and switch to the South African one for trips home.
Tax Residency Is a Separate Question
Holding a South African passport does not, by itself, make you a South African tax resident. South Africa taxes residents on their worldwide income, and residency turns on where you are ordinarily resident or on a physical presence test, not on your citizenship.8South African Revenue Service. Tax and Non-Residents
The physical presence test treats you as a resident if you are in South Africa for more than 91 days in the current tax year, more than 91 days in each of the preceding five tax years, and more than 915 days in total across those five preceding years. A continuous absence of at least 330 full days ends residency from the day you left.
If you qualify as a tax resident but work abroad, the first R1.25 million of foreign employment income is exempt, provided you spend more than 183 full days outside South Africa in a 12-month period, including a stretch of at least 60 consecutive days.9South African Revenue Service. Foreign Employment Income Exemption Income above R1.25 million is taxed at normal South African rates. Independent contractors and government employees do not qualify. Anyone permanently relocated abroad can apply to SARS for non-resident status, after which only South African-sourced income is taxed.
What Can Still Cost You Your Citizenship
With Section 6(1)(a) gone, the remaining grounds for involuntary loss are narrow. Serving in the armed forces of a country at war with South Africa can strip your citizenship.2SAFLII. South African Citizenship Act 1995 Naturalized South Africans carry an added risk: participating in a war under a foreign flag in a conflict South Africa does not support can also result in loss.
South Africa has no mandatory military service of its own, so dual citizens face no conscription obligation on the South African side. Any service obligation your other country imposes is between you and that country.