SA Citizenship After 2025: Retention, Renunciation & Your Status

Retention, Renunciation & Dual Citizenship - What South Africans in Germany Need to Know

If you’re a South African living in Germany and you’re unsure whether you lost your citizenship, need retention, or must use a South African passport when travelling — you’re not alone.

Germany’s rules changed. South Africa’s rules changed. And in 2025, a landmark court judgment quietly corrected a decades-long problem that affected thousands of South Africans abroad.

This page explains — clearly and calmly — where you stand, what the law says today, and what you need to do next.

Know your status. Travel correctly.

A Short Timeline: How We Got Here

October 1995Retention Rules

South Africa Introduces Retention Rules

Automatic loss of citizenship if retention was not applied for before acquiring another nationality.at water me might.

September 2004South African Citizenship Amendment Act

Dual citizens must use a South African passport

The South African Citizenship Amendment Act comes into force.
From this date, it becomes an offence for adult dual citizens to enter or leave South Africa using a foreign passport.

Pre-June 2024 (Germany)German Citzenship laws

Germany generally does not allow dual citizenship

For many years, South Africans naturalising in Germany were required to renounce their South African citizenship, with limited exceptions.
This is why so many people formally renounced — not by choice, but by necessity.

June 2024German Citizenship laws

Germany allows dual citizenship

Germany’s new citizenship law (Staatsangehörigkeitsmodernisierungsgesetz) comes into force.
From this point, naturalised citizens may retain their original nationality, including South African citizenship.
This is a major shift — and the reason the topic has resurfaced so strongly.

May 2025Section 6(1)(a) of the Citizenship Act

South African court ruling changes everything

On 6 May 2025, the Supreme Court of Appeal declares Section 6(1)(a) of the Citizenship Act unconstitutional.

South Africans who automatically lost citizenship after October 1995 — due to not applying for retention — are now considered never to have lost it.
This ruling primarily affects people who did not renounce,

Mid-2025 (Ongoing)Citizenship portal

Citizenship status confirmations & passport applications

The Department of Home Affairs begins implementing the ruling.
Affected South Africans are encouraged to confirm their citizenship status and apply for South African passports where applicable

Constitutional Court of Appeal Judgment

On 6 May 2025, at 14h00, the Supreme Court of Appeal (SCA) of South Africa delivered a landmark judgment declaring Section 6(1)(a) of the South African Citizenship Act 88 of 1995 unconstitutional. The impugned provision causes South African citizens to lose their citizenship automatically if they voluntarily acquire citizenship in another country, unless they have prior permission from the Minister of Home Affairs to retain their citizenship.
The primary beneficiaries are South African citizens who, since October 6, 1995, lost their citizenship automatically under Section 6(1)(a) after acquiring another nationality without prior ministerial consent. The SCA’s ruling deems that these individuals are considered never to have lost their South African citizenship.

What does this mean

If you:

👤 were an adult South African citizen, and
🌍 acquired another citizenship on or after 6 October 1995,
📝 did not apply for retention beforehand, and
🚫 did not formally renounce your South African citizenship

➡️ You are now considered never to have lost your South African citizenship.

Retention vs Renunciation:

Retention

What it was:
Before 6 May 2025, South African law required adult citizens (18+) to apply for permission to retain their South African citizenship before acquiring another citizenship. That permission was called a Certificate of Retention of Citizenship. If you didn’t obtain it first, you automatically lose your SA citizenship when you become a citizen of another country. DIRCO

Retention was about keeping SA citizenship while becoming a citizen of another country. If you applied and were granted retention before acquiring the new citizenship, you remained a SA citizen.

The 2025 Legal Change — What Changed With Retention

Before May 2025:
If you didn’t apply for retention before taking another citizenship, you automatically lost your SA citizenship.

After May 2025:
The Constitutional Court ruled Section 6(1)(a) unconstitutional, meaning people who lost their citizenship this way are now deemed never to have lost it.

Official Home Affairs action:
The Department of Home Affairs launched a Citizenship Reinstatement Portal to help people confirm or correct their status administratively.
This doesn’t apply to formal renunciation — only to those who lost citizenship automatically under the old rule.

Renunciation

📌 What renunciation is:
Renunciation is a voluntary act — you intended to give up your South African citizenship. Once processed, you are no longer a South African citizen, and SA documents like your ID or passport are cancelled.

📌 Why this matters:
If you renounced because Germany (or another country) required it, you did not lose citizenship by accident — you gave it up on purpose.

📌 What happens next:

Once renunciation is formalised, you are not a South African citizen.
You may also apply to have your South African citizenship reinstated (if, for example, you had to renounce it), you are a former citizen by birth or descent, and you have returned to South Africa permanently.

Dual Citizenship Comes With Obligations

The Law (Since 15 September 2004)

Under Section 26B of the Citizenship Amendment Act, it is an offence for South African adults with dual citizenship to enter or leave South Africa using a foreign passport

The Rule in Practice

If you have dual citizenship:

✅ Enter South Africa with your SA passport
✅ Leave South Africa with your SA passport
❌ Do not use your German / EU passport at SA passport control

Minors

Section 26B does not apply to minors.
However, families have reported problems when minors travel with expired SA passports

💡 Practical advice:

Keep children’s SA passports valid, even if the law technically exempts them.

The Department is obliged to implement the Citizenship Amendment Act. However, we acknowledge that many affected South Africans may not yet be aware of the amendments to the Citizenship Act and the implications for themselves.
We have therefore decided that affected South Africans departing or arriving through our ports of entry, attempting to use a foreign passport, will be issued a warning giving them three (3) months to obtain a South African passport.
They will be allowed to depart or enter South Africa.
Accordingly, we would like advise all South Africans who have a dual citizenship and do not have South African passports to apply for their South African passports at their earliest opportunity

Chief Directorate: Communication. Department of Home Affairs

What You Should Do Now

If You Think You’re Still an SA Citizen

Check your status
If you are an SA citizen, apply for an SA passport as soon as possible if you do not have one.
Use your SA passport to enter and leave South Africa
An Emergency Travel document allows you a one-off travel back to South Africa. This can be obtained at the Embassy or Consulate but are only for true emergencies

If You Renounced

Confirm your citizenship status if you want confirmation that you are no longer a South African citizen
Use your German (foreign) passport to enter and leave South Africa
You may also apply to have your South African citizenship reinstated (if, for example, you had to renounce it), you are a former citizen by birth or descent, and you have returned to South Africa permanently.

Official References & Further Reading

Section 26B in Act 88 of the South African Citizenship Amendment Act of 2004
Constitutional Court ruling
The DHA Citizenship Reinstatement portal is now open. This is for those who lost their SA Citizenship because they did not apply for retention, not those who willingly renounced their citizenship
Embassy Berlin notice on dual citizenship

South Africans in Germany