Zimbabwe-born Mtawarira has already played 22 Tests for the Springboks and the ruling bars the prop from playing international rugby until he can get a passport.
This comes after Butana Komphela, chairman of the South African national assembly sports committee said in January that he intended to have the South African Rugby Union (Saru) charged for illegally playing Mtawarira on the grounds that foreigners should not be picked for national sides.
Mtawarira remains a Zimbabwe national. He qualified for South Africa under International Rugby Board regulations after living in the country continuously for three years, but Komphela maintains this was irrelevant.