Automatic loss on voluntary acquisition of foreign nationality (s6(1)(a)) — STRUCK DOWN
Citizenship in South Africa
- Eligibility
- Section 6(1)(a) of the Citizenship Act 88 of 1995 formerly provided that an adult South African citizen automatically lost citizenship on voluntarily and formally acquiring another country's nationality (otherwise than by marriage) without prior Ministerial retention. The Constitutional Court struck this provision down in Democratic Alliance v Minister of Home Affairs [2025] ZACC 8, confirming it invalid from its promulgation on 6 October 1995 and holding that everyone who lost citizenship under it is deemed never to have lost it. Voluntarily acquiring a foreign nationality therefore no longer affects South African citizenship.
- Timeline
- Provision struck down (ZACC 8/2025) — no longer operative.
- Renunciation
- Not required
Overview
Section 6(1)(a) of the Citizenship Act 88 of 1995 formerly provided that an adult South African citizen automatically lost citizenship on voluntarily and formally acquiring another country's nationality (otherwise than by marriage) without prior Ministerial retention. The Constitutional Court struck this provision down in Democratic Alliance v Minister of Home Affairs [2025] ZACC 8, confirming it invalid from its promulgation on 6 October 1995 and holding that everyone who lost citizenship under it is deemed never to have lost it. Voluntarily acquiring a foreign nationality therefore no longer affects South African citizenship.
Legal basis
Primary statute: SA Citizenship Act 88 of 1995 s6(1)(a) — declared invalid from 1995-10-06 (ZACC 8/2025). Operative 1995-10-06–2025-05-06. Authority: Constitutional Court (ZACC 8/2025) / Department of Home Affairs (DHA).
Example scenarios
Deemed never to have lost SA citizenship — restored automatically.
s6(1)(a) (automatic loss on voluntary foreign-nationality acquisition) was declared invalid retroactive to its promulgation on 6 October 1995 (ZASCA 97/2023, confirmed ZACC 8/2025 order para 3); affected persons are 'deemed not to have lost their citizenship' and regain it automatically with no fresh application. A s15 certificate of citizenship is a confirmatory administrative step only (see ZA-RST-02 for the DHA portal).
Never lost SA citizenship — minors were always exempt.
s6(1)(a) only ever caught a person who acquired foreign nationality 'whilst not being a minor'; because Sibusiso was 15 (a minor, per s1) at acquisition, the auto-loss never applied to him, independent of the later strike-down. He has remained an SA citizen throughout.
Never lost SA citizenship — marriage acquisition excluded.
s6(1)(a) expressly excluded nationality acquired 'other than by marriage'; nationality flowing from marriage never triggered loss (reinforced by s14). Priya's SA citizenship was unaffected even before the provision was struck down.
No loss — voluntarily taking a second nationality no longer affects SA citizenship.
With s6(1)(a) void, voluntary acquisition of a foreign nationality triggers no loss of SA citizenship and no s6(2) retention letter is required (consistent with current DHA/DIRCO guidance). The surviving s6 loss grounds (s6(1)(b)/s6(3) war service) are unrelated to ordinary dual nationality.
Informational summary compiled from primary legal sources — not legal advice. Citizenship law changes; verify with the competent authority before acting. Last verified 2026-07-01.
Track changes to this route
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