Please note that the South African Constitutional Court will hear the citizenship court case on 05 November 2024 (notice of set-down). We expect it to be ratified at that moment, but we’ll only know it when we see this confirmed in writing.
The Good News
If all goes as we wish for…. South Africans will no longer automatically lose their South African citizenship when getting another nationality. South Africans who previously lost their South African citizenship due to not having a Retention Letter in place will be regarded as not having lost their citizenship, more or less their citizenship is retrospectively repaired.
The Bad News
Those who currently, or recently, applied for naturalisation, those that became Dutch recently, and therefore not complying with the Dutch nationality law of having to lose/renounce their other citizenship/nationality may be instructed by the Dutch authorities to renounce their South African citizenship. Those who still have to apply are more likely to have to do this. For those who already applied, or recently having become Dutch, I think we can make good legal arguments against this. But no promises as to the outcome until we know more. It may end up in some court cases. For those who have not applied yet the news is indeed bad as the arguments would not be strong and are likely to fail.
The Unknown News
For those who already became Dutch and having lost their South African nationality they are now getting their nationality back. It is unknown how the Dutch authorities will view and handle these situations. There are legal arguments to be made to allow dual nationality/citizenship for them going forward. However, if the Dutch officials become difficult this may end up in some court cases. I think we can make arguments avoiding court cases, but no promises.
Other Solutions / Rush?
There are of course still other solutions to dual Dutch/South African nationality-citizenship to consider where we can assist. Habsburg Legal Services can advice and assist with any of this. If you want or need help contact us. For those who already applied, or are already Dutch, there is now no rush as we need to await 05 Nov first. There is a rush for those not having applied yet, apply before 05 Nov if possible. The application should be made with your local municipality, thus ask for an urgent appointment to submit (not to discuss or check).
