Retention before acquiring foreign nationality — 'letter of retention' (s6(2)) — now moot
Citizenship in South Africa
- Eligibility
- Section 6(2) of the Citizenship Act 88 of 1995 allowed a citizen, before acquiring a foreign nationality, to apply to the Minister for a 'letter of retention' to keep South African citizenship; this was historically the precondition to lawful dual citizenship. Since the automatic-loss rule in s6(1)(a) was struck down in Democratic Alliance v Minister of Home Affairs [2025] ZACC 8, retention is no longer required in order to keep citizenship when acquiring a foreign nationality, and this route is now effectively moot.
- Timeline
- Standard DHA application processing.
- Renunciation
- Not required
Overview
Section 6(2) of the Citizenship Act 88 of 1995 allowed a citizen, before acquiring a foreign nationality, to apply to the Minister for a 'letter of retention' to keep South African citizenship; this was historically the precondition to lawful dual citizenship. Since the automatic-loss rule in s6(1)(a) was struck down in Democratic Alliance v Minister of Home Affairs [2025] ZACC 8, retention is no longer required in order to keep citizenship when acquiring a foreign nationality, and this route is now effectively moot.
Legal basis
Primary statute: SA Citizenship Act 88 of 1995 s6(2). Operative 1995-10-06–present. Authority: Department of Home Affairs (DHA).
Example scenarios
Remains an SA citizen — and would be regardless now.
The s6(2) retention letter was the pre-acquisition step that preserved citizenship while s6(1)(a) auto-loss was in force; Margaret's retention was effective. Since s6(1)(a) is now void retroactive to 1995, the letter is no longer necessary for anyone — retention is moot (the courts held s6(2) could not save s6(1)(a), and DHA/DIRCO now state retention is not required).
Now also an SA citizen — non-retention no longer matters.
With s6(1)(a) void ab initio (ZACC 8/2025), there is no automatic loss to retain against, so Anton — like Margaret who did obtain a letter — is deemed never to have lost citizenship; the retention distinction has collapsed. He should assert status via the DHA reinstatement path / a s15 certificate (ZA-RST-02), not lodge a s6(2) application.
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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