Travel back to SA

If he enters a foreign country on a British passport he's there as a British citizen, and therefore protected as a British citizen.

Unless he's renounced SA citizenship or had it revoked he's still a South African citizen regardless of what passport he entered the country under and is required to abide by South African law.
 
Unless he's renounced SA citizenship or had it revoked he's still a South African citizen regardless of what passport he entered the country under and is required to abide by South African law.

Spot on. I don't see any issues though, with either passport. If any issues arise plead ignorance, handed them the wrong passport by habit etc etc.
 
All he has to do then is call the British consulate. They're required by law to protect him in a foreign country

If he enters a foreign country on a British passport he's there as a British citizen, and therefore protected as a British citizen.

Actually, a diplomatic mission can ONLY provide assistance to its citizens in a foreign country if that person is NOT also a citizen of the country they have found themselves in trouble in. If you are a dual citizen of the UK and South Africa, the British embassy cannot provide you with assistance if you find yourself in trouble in South Africa.

Not sure why you think he'd be arrested in the first place?

Spot on. I don't see any issues though, with either passport. If any issues arise plead ignorance, handed them the wrong passport by habit etc etc.

It's an issue because it is a criminal offence to use a foreign passport to enter and leave South Africa if you are a South African citizen. Most people get away with a fine, but ask Paul O'Sullivan what the consequences can potentially be.
 
It's an issue because it is a criminal offence to use a foreign passport to enter and leave South Africa if you are a South African citizen. Most people get away with a fine, but ask Paul O'Sullivan what the consequences can potentially be.

Apologies, I was under the impression he would do the enter on SA PP leave on UK PP?My wife uses my sons German PP to leave and his SA one to enter but carries both. Isn't that the norm for foreign PP holders?
 
Apologies, I was under the impression he would do the enter on SA PP leave on UK PP?My wife uses my sons German PP to leave and his SA one to enter but carries both. Isn't that the norm for foreign PP holders?

Minors are exempt from the requirement.

http://www.dha.gov.za/index.php/civic-services/travel-documents

Applicants should note that In terms of section 26(B) of the South African Citizenship Act, 1995, it is a punishable offence for a South African citizen of 18 years and older to leave or enter South Africa on a foreign passport.

It's a stupid law, and a lot of immigration experts say that it is unconstitutional, but it's the law nonetheless.
 
Hang on, so the rule is you must enter and leave SA, with SA passport,
So no hiding with the debt is possible?

Being in debt is not a criminal offence. Unless there is a warrant of arrest out for the OP he will not have any problem entering and leaving South Africa on an SA passport no matter how many bad debt judgements there are against him. Debt is a civil matter not a criminal matter.
 
Thanks for the info, clears things up. So it basically makes using 2 passports illegal, jeeez.

No, it does no such thing. No where does it say that having 2 or more passports is illegal. All it says is that if you have an SA passport and the passport of another country you must use your SA passport to enter and leave SA. That's it. It's pretty simple. You're free to use whatever passports you want to outside of SA.
 
Last edited:
No, it does no such thing. No where does it say that having 2 or more passports is illegal. All it says is that if you have an SA passport and the passport of another country you must use your SA passport to enter and leave SA. That's it. It's pretty simple. You're free to use whatever passports you want to outside of SA.

Yes, that's what I meant. Would they allow you to leave on an SA PP to say Russia when your SA PP has no Russian visa but your Russian PP would allow you access once you land and go through immigration?
 
Yes, that's what I meant. Would they allow you to leave on an SA PP to say Russia when your SA PP has no Russian visa but your Russian PP would allow you access once you land and go through immigration?

Yes, that's how I travel most of the time. Leave SA on my SA passport, enter wherever I'm going on my British passport. I've travelled to the UK, US, Australia, New Zealand, Germany and the Czech Republic using this approach. No issues.

The only time you show your SA passport here is when you go through passport control, you use the other one for checking in etc. And then vice versa on the other side.
 
Yes, that's what I meant. Would they allow you to leave on an SA PP to say Russia when your SA PP has no Russian visa but your Russian PP would allow you access once you land and go through immigration?

There are 2 passport checks when you leave the country by air. The 1st passport check is done by the airline when you check in so they can be assured that you have the correct visa or passport to enter your destination. This is where you show your foreign passport, if you have one and this is the passport you will be using to enter your destination. The airline cares whether or not you have permission to enter your destination because they will get a big fine if they transport anyone without the correct documentation.

The 2nd passport check is when you actually go through immigration control to go airside. This is done by Home Affairs. This is where you show Home Affairs your SA passport. Home Affairs do not care whether or not you have a visa in your SA passport for your destination. It's not their concern or in the remit of their job to ensure you meet the immigration requirements of a foreign country. All they care about is that you have the correct documentation to leave SA. In the case of a SA citizen, this means showing them your valid SA passport. It does not matter one iota whether or not you have the necessary visa for your destination to the Home Affairs official.
 
Thanks guys, I should pay more attention when I travel, although I do it on an SA passport. Travelling with the family in July so will see how the wife does things to get some first hand experience!
 
Top
Sign up to the MyBroadband newsletter
X