Dual citizenship can be a two-edged sword

JULIAN POKROY

What has not been dealt with, and deserves some attention, are the potential consequences of taking up citizenship of another country, by whatever means, without first having taken steps to protect and retain your South African citizenship.

There are vexing questions that need to be asked and the answers are sometimes not easy.

The situation affects anyone who has formally – or even informally – emigrated to another country and is thinking of, or has already, taken up citizenship of that country.

South African citizenship law is governed by the South African Citizenship Act 88 of 1995.

In this article I will deal only with people who acquired citizenship after October 1995, that is, in terms of the current principal Act and/or are intending to do so at present.

The South African Constitution has no “objection” to the acquiring of another citizenship and indeed multiple citizenship is possible. What is however required in the 1995 legislation is that prior to obtaining another citizenship, an application first has to be made for retention of your South African citizenship in order to secure your dual or multiple nationality.

The consequences are quite severe for not adhering to this statutory provision. The result is inevitably an automatic loss of South African citizenship status on the actual date of acquisition of another citizenship status. 

The person being affected by this would not know that they he or she has lost their South African citizenship status until they apply for a renewal of an existing South African passport and are unceremoniously in some instances, told that they are no longer South African citizens, much to their shock and dismay.

Many people who contact our offices on a daily basis for more than a decade feel it is unfair and possibly even unconstitutional that they could be deprived of their citizenship in this way.

However, until our Constitutional Court has tested this premise, the statutory provision as set out above would apply.

For persons anticipating taking up citizenship of another country, the position would be quite simple as they would have to, in advance, that is prior to actually taking up that citizenship, apply for the retention of their South African citizenship status. 

They would then be fully entitled to be dual nationals and the only restriction that then applies, relates to an internationally accepted best practice that one has to travel in and out of your country of citizenship on the passport of that country but would be free to travel to any other country on your “other” passport.

It is far better to be safe than to be sorry about a situation of loss of citizenship status, as this could cause all kinds of problems on a re-entry to South Africa and also various other indirect consequences.

A person who is South African born would, in the case of loss of their South African citizenship status indeed retain the right to permanent residence in South Africa, but this in itself brings about numerous administrative hassles such as having to obtain a new identity document with a new identity number in respect of the last three digits which would then be required to reflect that they are now a permanent resident.  Inter alia, they would not be able to vote in an election.

It is possible after loss of citizenship has taken place in this fashion, to apply after a period of about one year for a resumption of South African citizenship status and to restore the status quo ante.

It is best to consult with a professional who specialises in this field for advice. You can do a free assessment of your citizenship status by going to www.immigration.org.za and by clicking on the “citizenship free assessment” in order to open the questionnaire and  then simply to submit that questionnaire.