The Constitutional Court of South Africa has rendered Section 6(1)(a) of the South African Citizenship Act 88 of 1995 (“the Act”) unconstitutional.1

Under the terms of the aforementioned applicable legislative provision, since 6 October 1995 (for almost 20 years), persons who secured foreign citizenship would automatically lose their South African citizenship unless they had first applied for ministerial permission to retain their South Africa citizenship.

To help ensure compliance with the Constitutional Court judgement, the Department of Home Affairs (‘the Department”) has commenced with the development of an online portal to facilitate streamlined citizenship restoration procedures for affected individuals.2  This portal aims to go live in June 2025, enabling global access for affected individuals to lodge their cases.

WHY THIS MATTERS

South African citizens who had lost their citizenship in terms of the application of the provisions of Section 6(1)(a) are now deemed to have retained their citizenship with immediate effect, eliminating any legal ambiguity regarding their status.  In the past, to retain one’s South African citizenship, the individual would have to lodge an application to the Department.

This judgment conclusively resolves a prolonged legal uncertainty, reinforcing the constitutional rights of affected citizens.

Expansion of Identification Accessibility for Naturalised Citizens and Permanent Residents from Visa-Exempt Countries

In alignment with its broader digital transformation objectives, the Department has initiated the issuance of Smart Identity Cards to naturalised South African citizens and permanent residents from visa-exempt countries who are already in South Africa.3  Prior to this initiative, these persons held green bar-coded identity (“ID”) books which looked similar to a passport.  This milestone marks the first instance of secure, electronic identification being made available to these demographic groups.

KPMG INSIGHTS

Due to the high volume of applications, the Department has emphasised that the current focus is on applicants holding a green bar-coded ID from visa-exempt countries and once application volumes decrease, the process will extend to applicants from non-exempt countries.  A list of visa-exempt countries may be found on the Exempt Countries webpage of the Department of Home Affairs.4

Individuals seeking advice on how to apply for a Smart ID card and/or what this Court ruling may mean for them, should consult with their usual immigration counsel or a member of the immigration team with KPMG in South Africa (see the Contacts section).

Contacts

melissa-duffy
Melissa Duffy

Associate Director

KPMG in South Africa

lesego-matsheka
Lesego Matsheka

Associate Director

KPMG in South Africa

Navisha Anthoo
Navisha Anthoo

Immigration Manager

KPMG in South Africa

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Disclaimer

* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in South Africa.

GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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