What the 2025 Constitutional Court ruling changed for dual citizenship — and how we apostille the citizenship documents you need for use abroad. Updated June 2026.
On 6 May 2025, in Democratic Alliance v Minister of Home Affairs and Another [2025] ZACC 8, the Constitutional Court declared Section 6(1)(a) of the South African Citizenship Act 88 of 1995 unconstitutional and invalid. That provision had, since 6 October 1995, caused an adult South African to automatically lose their citizenship the moment they acquired another nationality by a voluntary, formal act — unless they had first obtained a ministerial retention letter.
The effect of the ruling is significant:
Always confirm the current administrative process directly with the Department of Home Affairs, as implementation continues to evolve.
South Africa permits dual citizenship. With automatic loss removed, South Africans acquiring a second nationality — through descent (such as Italian citizenship by descent), naturalisation, or marriage — can now hold both. Minor children acquiring another citizenship were already protected. For most families, the practical question is no longer "will I lose my SA citizenship?" but "which documents do I need apostilled to complete my foreign application?"
Some countries that do not recognise dual citizenship require proof that you have renounced your South African citizenship. Renunciation is a formal Home Affairs process; once completed, you receive documentation confirming it. Where that confirmation must be presented to a foreign authority, it typically needs a DIRCO apostille (for Hague Convention countries) or embassy attestation (for non-Hague countries) before it will be accepted abroad.
If you lost your South African citizenship by taking another passport since 1995, the 2025 ruling means you are now treated as never having lost it. As Home Affairs confirms status and issues determination or restoration documentation, that paperwork is often needed overseas — for example, to update records with a foreign authority or to apply for a South African passport from abroad. We apostille and legalise those documents once you have them in hand.
For documents going to non-Hague countries, an apostille is replaced by full embassy attestation. Not sure which applies? Our DIRCO vs High Court guide and team can point you to the right route for your destination country.
Send us the document and the country it's going to — we'll confirm whether you need an apostille or embassy attestation, the price, and the turnaround. About one week for most apostilles.
Yes. South Africa permits dual citizenship. Following the Constitutional Court ruling of 6 May 2025 (Democratic Alliance v Minister of Home Affairs), an adult South African no longer automatically loses citizenship when acquiring another nationality. We assist with the apostille and legalisation of citizenship documents — we do not assess eligibility or lodge applications; that is handled by the Department of Home Affairs.
After the 6 May 2025 ruling, the automatic-loss provision (Section 6(1)(a) of the South African Citizenship Act 88 of 1995) was declared invalid, so a prior retention letter is no longer required to keep your citizenship when acquiring a foreign nationality. Always confirm the current process with the Department of Home Affairs. If you hold an old retention letter or naturalisation certificate to use abroad, we can apostille it.
The 2025 ruling means people who lost South African citizenship under Section 6(1)(a) since 6 October 1995 are deemed never to have lost it. Home Affairs has been developing a process to confirm and restore status. We cannot lodge that application for you, but once you receive a confirmation or determination letter that must be used in another country, we can apostille or legalise it.
Naturalisation certificates, citizenship determination and retention letters, unabridged birth and marriage certificates, and police clearance certificates — the civil documents commonly required for foreign citizenship, passport or residence applications. DIRCO apostille is R1,650 (about one week); the High Court route is R1,650 (2–3 working days).
No. Easy Services Group is a document apostille, legalisation and procurement service. We do not assess citizenship eligibility, give immigration legal advice, or lodge Home Affairs citizenship applications. For eligibility and applications, consult the Department of Home Affairs or a registered immigration attorney. Our role begins once you have a document that needs to be apostilled or legalised for use abroad.