Who qualifies to have South African citizenship restored after Constitutional Court ruling

• The Constitutional Court ruled that a section of the Citizenship Act that stripped South Africans of their citizenship was unconstitutional
• South Africans who automatically lost their citizenship after acquiring a foreign passport may now be eligible to have it restored
• The Department of Home Affairs launched an online portal where affected individuals can verify their status and apply for reinstatement

South Africans living abroad who lost their citizenship after taking up a foreign passport may be entitled to have it restored, following a landmark Constitutional Court ruling.

The court declared that Section 6(1)(a) of the Citizenship Act (Act 88 of 1995) was unconstitutional and invalid from the day it came into effect on 6 October 1995. That provision had automatically stripped South Africans of their citizenship the moment they acquired citizenship in another country, unless they had obtained prior written permission from the Minister of Home Affairs.

Because the court found the law to be invalid from inception, anyone who lost their South African citizenship under this provision is now considered never to have lost it in the first place.

Who qualifies for reinstatement

Not everyone who holds dual citizenship or who lost their South African status will qualify. The ruling specifically covers individuals whose citizenship was automatically removed after 6 October 1995 due to acquiring foreign nationality.

Two groups are excluded. First, those who voluntarily renounced their South African citizenship are not covered by the ruling. Second, those who lost their citizenship through conversion before 6 October 1995 do not fall under this judgment, though they may still apply for reinstatement under Section 26(4) of the Citizenship Act.

How to apply through the online portal

The Department of Home Affairs set up a dedicated Citizenship Reinstatement Portal to help affected individuals check their status and begin the application process. Applicants are required to create a profile, verify their citizenship status, submit biometric information and a passport photo, complete an application form, and then await an outcome. The process can take up to 10 weeks.

Once a successful outcome is received, applicants should print a copy of the decision and approach VFS Global to apply for a new South African passport.

South Africans in the United Kingdom can also access civic services through the South African High Commission in London. Services such as the resumption of citizenship under Section 26(4) are handled by post, with a processing fee of £13 (R285.25) All fees must be paid in British pounds and deposited electronically into the High Commission's bank account at least three days before any scheduled appointment.

It is worth noting that all South African citizens, including those with dual or multiple nationalities, are legally required to use a valid South African passport when entering or leaving South Africa.

South Africans who wish to take up citizenship in another country no longer need to apply for a Retention of South African Citizenship letter. Any such application submitted will not be processed, and fees paid will not be refunded.

Here is the official website of the Government of South Africa, where you can check your citizenship status and determine if you're eligible to apply for confirmation of reinstatement:

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Source: Briefly News

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