Simba Chitando

Service/Career

Simba Chitando was admitted as an Advocate of the High Court of South Africa on 11 April 2008 and joined the Cape Bar in November 2009.

Chitando served on the pupillage, transformation, and parliamentary committee of the Cape Bar. Served on the pro bono committee of the Johannesburg Bar.

In practice, Chitando is currently at the Johannesburg Bar, specialised, but not limited to, shipping and international trade; corporate, administrative, constitutional, and migration litigation. ^[1]

Events

Politics

In October 2021, Simba Chitando was appointed the Chairman of the Zanu-PF Sandton Branch. ^[2]

Motsoaledi Aviation Bill Proposal

In a statement dated 30 December 2021, Chitando proposed that Zimbabwe crafts a Bill to assist Zimbabwe Exemption Permit (ZEP) holders and local truck drivers that face xenophobic violence in South Africa. He also proposed that the Bill should be called the Dr Motsoaledi Aviation Bill, after the South African Home Affairs minister Aaron Motsoaledi.

Chitando said the Bill would charge a pollution levy on all air traffic travelling over Zimbabwean air space, departing or arriving at any airport within South Africa.

Simba Chitando said the pollution levy should be put in a fund to be created and administered by the Finance ministry, for an estimated amount of over US$10 billion to be raised and used to assist returnees, and compensate victimized truck drivers and victims of xenophobic attacks in South Africa.

He proposed that the Bill be presented before 31 December 2022. Chitando said the proposed Bill was not official Zanu PF policy, but merely a discussion on various ideas to deal with Zimbabwean challenges. ^[3][4]

The Zimbabwean High Commission and the Zanu-PF South Africa District distanced themselves from the letter penned by Simba Chitando proposing a Dr Aaron Motsoaledi Aviation Bill. On 3 January 2022, South Africa's Head of Public Diplomacy in the Ministry of International Relations and Cooperation, Clayson Monyela, said Chitando has been reported to authorities over his statements.^[5][6]

Zimbabwean Exemption Permit Visa Fight

Chitando represented about 180 000 Zimbabwean special exemption permit (ZEP) holders in South Africa. He also chaired a meeting between the Zimbabwean Ambassador David Hamadziripi and leaders of the Zimbabwean Exemption Permit Holder Association, together with other prominent leaders in both the ZEP community and Zimbabwean civil society. ^[7]

Simba Chitando, as part of the lawyers for the activist group, Zimbabweans Working and Living in South Africa approached the High Court in Pretoria seeking an urgent interdict to prevent the South African government from terminating over 180 000 exemption permits. ^[8]

On 28 December 2021, the South African Government issued a statement saying the High Court in Pretoria had struck two applications off the roll of urgent matters. In both applications, the permit holders wanted the court to order the Department of Home Affairs to stop implementing the decision not to renew the permits until the matter was finalised by the courts.

However, ZEP holders’ lawyer Simba Chitando dismissed the government statement as “false news”.

He was quoted as having said:

"Firstly, the High Court did not dismiss any urgent application regarding the ZEP. That is false news. The application was not even heard by the court because of various reasons including the fact that the minister’s lawyers said that they were not served. The case before the court had nothing to do with the reversal of the ZEP. It was to assert the rights of ZEP holders during the 12-month grace period."

^[9]

In May 2023, a court in South African was hearing the case if the South African Government could discontinue the Zimbabwean Exemption Permit (ZEP). The Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando said they will appeal if the Pretoria High Court rules ZEP can be discontinued. ZEPHA, with other human rights organisations such as the Helen Suzman Foundation (HSF), is seeking the court to grant ZEP holders permanent residence in South Africa. ZEP expires on 30 June 2023. ^[10]

References