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New ruling by South African Constitutional Court: the consequences for Dutch & South-African dual nationality

 19 November 2025

Two years ago, the South African High Court ruled that the provision stating that South African nationality is automatically lost when you acquire another nationality is unconstitutional. At that time, we wrote that this did not change anything yet, because the South African Constitutional Court still had to look into it. On 6 May 2025, the Constitutional Court came to the same conclusion.

Ruling of the South African Constitutional Court, 6 May 2025

The Constitutional Court upheld the earlier ruling of the South African High Court. This means that retroactively, all former South African nationals who acquired another nationality never lost their South African citizenship. However, in the Netherlands, one of the requirements for naturalisation is renunciation of former nationalities. What are the legal consequences of the ruling by the South African Constitutional Court for naturalised Dutch citizens who, since 6 May 2025, suddenly regained their South African nationality?

The situation before the 6th of May 2025

Until now, South African nationality law stated that a South African who takes up another nationality automatically loses their South African nationality. Unlike in the Netherlands, you could ask the South African authorities to retain South African nationality by means of an “application for retention of South African citizenship”. Such requests were normally granted. South Africans who submitted a naturalisation application in the Netherlands were therefore required to sign a form confirming that they had not submitted a request to retain their South African nationality and would not do so. In this way, the Dutch government ensured that a South African who had become a Dutch citizen automatically lost their South African nationality as soon as they reported to the South African authorities with their Dutch passport. As a rule, a South African who wanted to become a Dutch citizen through naturalisation could only retain their South African nationality if an exception applied.

Possible consequences of the South African Constitutional Court ruling

What does this mean in practice for the Netherlands and South Africa? What are the consequences for South Africans who have been naturalised as Dutch citizens in the past and who, until 6 May 2025, thought they only had the Dutch nationality? What does it mean for South Africans who are going to submit a naturalisation application? And finally, there may also be consequences for Dutch South Africans who live outside the Netherlands with a Dutch passport.

Acquired another nationality after 6 October 1995

Automatic loss of South African nationality has been enshrined in South African nationality law since 6 October 1995. The South African Constitutional Court ruling is therefore only relevant to South Africans who acquired another nationality after 6 October 1995.

Loss of Dutch citizenship

Article 15 of the Dutch Nationality Act lists two relevant grounds for automatic loss of Dutch citizenship in this case. Loss through voluntarily acquiring another nationality and loss if a Dutch citizen also has a foreign nationality and has lived outside the Netherlands and the EU for more than thirteen years while holding both nationalities.

Below, we discuss the possible consequences for the various groups of naturalised Dutch citizens.

In the Netherlands – naturalised Dutch citizens

Since the Netherlands wants to prevent and limit dual citizenship as much as possible, anyone who voluntarily acquires another nationality automatically loses their Dutch citizenship[1]. “Acquiring” or retroactively retaining South African citizenship could pose a problem here. There must be “an act of will specifically aimed at acquiring another nationality”. This does not include, for example, collective naturalisation, obtaining nationality by operation of law for a specific position or as a result of marriage. Obtaining nationality on the basis of case law and amended legislation can be defined as obtaining nationality by operation of law. It should therefore not result in the loss of Dutch citizenship.

There is another possible minor hiccup. If the South African government introduces an opt-out from this retroactive regaining of South African citizenship and you do not make use of this opt-out, you will still lose your Dutch citizenship. For the time being, there is no indication that an opt-out provision will be introduced. South Africans who automatically lost their nationality when they became Dutch citizens immediately regained it on the basis of the South African Constitutional Court ruling. The ruling does not mention an opt-out option, and the Dutch nationals who regained their South African nationality by operation of law did not take any action themselves to regain their South African nationality. We therefore do not expect the Dutch State to determine loss on the basis of voluntary acquisition in this case.

[1] This is only different if one adopts the nationality of their spouse or registered partner, if they were born in the country whose nationality they are adopting and live there at the time they acquire that nationality, or if they lived in the country whose nationality they are adopting for more than five years before they turned 18.

In the Netherlands – future Dutch citizens

For the time being, the main rule is that foreign nationalities must be renounced in order to naturalise in the Netherlands. Instead of a declaration that no request to retain South African citizenship has been or will be made, one will have to submit a statement when applying for naturalisation that they are willing to renounce their other nationality upon acquiring the Dutch citizenship. Once the Dutch nationality has been granted, the IND will ask for proof that the South African nationality has been renounced. The list of countries in the Manual will be updated per 1 January 2026.

In South Africa – naturalised Dutch citizens

South Africans who lost their nationality after 1 October 1995 because they acquired another nationality can confirm their South African nationality at the Department of Home Affairs in South Africa or via a consulate/embassy abroad and apply for a passport. Such a passport seems necessary, as South African law requires dual citizens to always use their South African passport when entering and leaving the country.

Complications for Dutch South Africans residing outside the EU

It is possible for a naturalised Dutch citizen with a Dutch passport to have their main residence abroad. For example, former South Africans with a Dutch passport and a South African permanent residence permit may live in South Africa.

As explained above, one can lose Dutch citizenship automatically if a Dutch citizen also has another nationality and has lived outside the EU for more than 13 years while holding both nationalities. This period is interrupted by applying for a declaration of Dutch nationality or a Dutch travel document (ID card, passport).

Now that the ruling of the South African Constitutional Court states South African citizenship of dual nationals is deemed to have never been lost,  some ‘former’ South Africans who naturalised in the Netherlands now have dual citizenship (Dutch and South African). This could mean that for naturalised Dutch citizens who have their main residence in South Africa or elsewhere outside of the EU, the countdown of the 13-year limitation has started or even finished. For these people it is especially important to keep an eye on the expiration date of their passport and renew it on time.

Revised approach IND

The IND has now adjusted its working method in response to the ruling of the Constitutional Court of South Africa. South Africans must sign the general declaration of willingness to renounce their nationality when submitting an option or naturalisation request. This also applies to applications submitted before 6 May 2025. These people will receive a letter asking them to sign the declaration of willingness. If you are not eligible for an exemption and do not wish to renounce your South African citizenship, you may withdraw your application and receive a reimbursement of the paid filing fees. The list of countries and forms will be updated on 1 January 2026.

To oversee the full implications of the Constitutional Court’s ruling, we have to wait for the South African Department of Home Affairs as well as the Dutch Ministry for Asylum and Migration to update their legislation and policy. Meanwhile, if you have questions about your Dutch citizenship and how to retain it (possibly alongside your South African citizenship), please do not hesitate to reach out to us.

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