An "unconstitutional" law that stripped citizenship from South African dual nationals has been reversed – and the implications have sent a ripple of confusion and alarm throughout the expat community.
The South African Citizenship Act (Act 88 of 1995) previously required South Africans to seek ministerial permission to retain their citizenship before becoming citizens of another country, including Australia.
Anyone who failed to do so would lose their citizenship – until now.
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Citizenship restoration is now in full swing after a court ruled this provision was unconstitutional and invalid in May 2025.
It is not automatic and eligible expats need to use the reinstatement portal.
It only applies to those who have lost their citizenship on or after 6 October 1995, according to the South African High Commission.
There were 214,790 South African-born people living in Australia as of 2023, according to the Australian Department of Home Affairs.
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What is the dual citizenship law in South Africa?
Reinstated citizens – including those who retained their citizenship prior to the rule change – are required to enter and exit South Africa using a South African passport, a rule similar to the ETA scheme soon coming into effect in Britain.
This has been the entry and exit requirement in South Africa since 2004.
It may impact thousands of Australian-South African dual citizens who wish to resume their citizenship after their SA passports expired.
The Australian government's Smartraveller advice states that "if you hold Australian-South African dual nationality, by law you must enter and exit on your South African passport".
"We recommend all possible dual nationals consult the South African Department of Home Affairs website to verify your citizenship status," Smartraveller noted.
The SA High Commission also states the same on its website.
Most other visitors, including those from Australia, the US, UK, Canada and New Zealand, don't need a visa for tourist or business stays under 90 days.
Hayley Reichert, a South African-born expat and advocate living in London, initiated the "Loss of Citizenship Campaign" in 2014, which eventually led to last year's court ruling.
Reichert told nine.com.au there is now "significant confusion" around South African expats hoping to return home on foreign passports after the resumption of their citizenship.
She runs a voluntary initiative supporting South Africans abroad named Operation Watershed and has been working to help expats with this constitutional change.
"Many now fear the issuance of fines, detention, refusal of travel, and even the threat of imprisonment," Reichert said.
"This climate of anxiety is disproportionate to the actual legal and practical reality."
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What happens if my South African passport has expired?
The law states that citizens must have a valid South African passport or proof of renunciation of citizenship to enter or exit.
However, Reichert has called for calm among expats.
She said South African border control has a "degree of institutional understanding" over the challenges now faced by dual nationals.
There may not be blanket punitive enforcement of this rule, she explained.
"In theory, repeat non-compliance can result in fines or prosecution (up to 12 months' imprisonment), but in practice this is extremely rare," Reichert said.
"Most individuals resolve their documentation after a first warning."
The Embassy of the Republic of South Africa said the department acknowledges that many dual citizens may not be aware of the amendment to the act and the implications for their travel.
"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 with a warning giving them three months to obtain a South African passport," it stated in a notice.
"They will be allowed to depart or enter South Africa."
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"In many cases, travellers receive a formal warning and stamp in their foreign passport noting that South African citizens are not permitted to enter or exit on foreign passports and are instructed to regularise their South African documents," Reichert added.
Reichert encouraged South Africans living abroad to do their research and contact the relevant authorities before booking or cancelling trips over this entry requirement.
She said dual citizens had a responsibility to comply with the law – but called for calm amid "confusion, anxiety and misinformation".
Can Australian-born children get South African citizenship?
The SA High Commission states that a child born outside of South Africa to at least one parent with South African citizenship has a claim to citizenship by descent.
They must register the birth in South Africa to obtain citizenship.
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