Resumption of South African citizenship (s13)
Citizenship in South Africa
- Eligibility
- A former South African citizen who ceased to be a citizen under a prior law or under sections 6, 7, 8 or 10 may apply to the Minister to resume citizenship, which the Minister may allow on being satisfied that the grounds for the loss or deprivation no longer exist or are of no consequence, provided the applicant is resident in or returns to the Republic for permanent residence (s13 of the Citizenship Act 88 of 1995). Resumption is a discretionary re-grant of a citizenship genuinely lost, distinct from the declaratory reinstatement of the section 6(1)(a) cohort.
- Timeline
- Standard DHA application processing.
- Renunciation
- Not required
Overview
A former South African citizen who ceased to be a citizen under a prior law or under sections 6, 7, 8 or 10 may apply to the Minister to resume citizenship, which the Minister may allow on being satisfied that the grounds for the loss or deprivation no longer exist or are of no consequence, provided the applicant is resident in or returns to the Republic for permanent residence (s13 of the Citizenship Act 88 of 1995). Resumption is a discretionary re-grant of a citizenship genuinely lost, distinct from the declaratory reinstatement of the section 6(1)(a) cohort.
Requirements
- s13(3)(b) Ministerial discretion on resumption: the Minister 'may' allow resumption of former citizenship if satisfied that the grounds for the loss or deprivation no longer exist or are of no consequence, and then issues a certificate in the prescribed form. (Resumption is constitutive — a discretionary re-grant — unlike the declaratory s6(1)(a) reinstatement.)
How to apply
- Procedure for s13(2) resumption: application on form DHA-175 plus proof of permanent residence in the Republic for not less than one year; approval confirmed by certificate DHA-237. The DHA-175 also probes prior foreign-state employment / foreign-armed-forces service and requires willingness to take the oath of allegiance.
Timeline
Timeline: standard. Document burden: medium. Required: residency, physical presence.
Legal basis
Primary statute: SA Citizenship Act 88 of 1995 s13 (+ s11). Operative 1995-10-06–present. Authority: Department of Home Affairs (DHA).
Example scenarios
Eligible to apply (discretionary) for resumption under s13.
s13(3)(a) allows a person who ceased to be a citizen under s7 to apply to the Minister for resumption where she is 'residing in the Republic permanently or returns to the Republic for permanent residence.' The grant is discretionary under s13(3)(b) — the Minister must be satisfied the grounds for loss 'no longer exist or are of any consequence.'
Eligible to apply (discretionary) for resumption under s13.
s13(3)(a) lists prior s8 deprivation among the triggers for resumption; s13(3)(b) lets the Minister allow resumption if satisfied the grounds for the deprivation 'no longer exist or are of any consequence.' Resumption is a constitutive re-grant, not automatic; the residence nexus and Ministerial satisfaction are real gates.
Wrong route — no s13 application needed; he is deemed never to have lost citizenship.
The s6(1)(a) cohort is restored declaratorily by ZACC 8/2025 ('deemed not to have lost their citizenship') — there is no fresh application, no return/PR requirement and no Ministerial discretion. s13 resumption is for genuinely-lost cohorts (s7 renunciants, s8-deprived, prior-law/homeland losses), not the voided-s6(1)(a) cohort; Stefan should use the reinstatement path (ZA-RST-02).
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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