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The Pretoria High Court has dismissed an urgent application seeking to protect the rights of <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwean Exemption Permit (ZEP)</a> holders in South Africa. The Helen Suzman Foundation (HSF) brought the application to reinforce the rights of ZEP holders amidst concerns and confusion surrounding their status. However, the court found that their previous landmark ruling in June had already provided protection for the rights of the approximately 178,000 ZEP holders.
The June ruling came after a successful challenge by the HSF and the Consortium for Refugees and Migrants in South Africa (CORMSA) against the decision of the Home Affairs Minister to terminate ZEPs. The court ruling overturned the termination decision and granted 12 months of protection for ZEP holders while the Minister conducted a fair and rational inquiry into their status.
The recent court action sought an enforcement order against the Minister who had indicated an intent to appeal the June ruling. The HSF aimed to protect ZEP holders with expiring permits during any ongoing appeal process. However, the court stated that their previous judgment was not a final order but rather intended to preserve the status quo.
The confusion arises from whether the June ruling was temporary or final. The HSF believes that the ruling provided temporary protection while the appeal process was underway, while the court’s interpretation is that it preserved the existing rights of ZEP holders without making a final determination on their status. <a href="https://www.thesouthafrican.com/lifestyle/ruling-finds-zimbabwean-exemption-permits-dont-need-protecting-11-november-2023-breaking/">The South African</a> cites the judges as saying:
<blockquote>
The rights of the ZEP holders as stated in the order are not definitive, in that they are subject to the determination by the minister and may be altered when the minister has conducted a fair hearing.
</blockquote>
The dismissal of the urgent application has left some uncertainty and concern among ZEP holders about the future of their status and rights in South Africa. They will now have to wait for further legal proceedings and clarification on their immigration status.
The Helen Suzman Foundation issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs, Aaron Motsoaledi, has interpreted the ruling differently. Said the minister:
<blockquote>
This judgment must serve as a wake-up call to the affected Zimbabwean nationals to follow the procedures outlined by the minister to regularise their stay in the Republic and forget about false promises.
</blockquote>
Practically, this means any Zimbabwean Exemption Permits stay valid until 30 June 2024. ZEP holders may freely travel to and from South Africa and may not be arrested or deported on the basis of holding an expired permit.
The Helen Suzman Foundation has issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs has interpreted the ruling differently. The minister stated that affected Zimbabwean nationals should follow the procedures outlined by the minister to regularize their stay in South Africa and not rely on false promises.
This means that ZEP holders can continue to stay in South Africa until June 30, 2024. They are allowed to freely travel to and from South Africa without the risk of being arrested or deported due to holding an expired permit.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

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Court Dismisses Application Seeking To Protect Zimbabwean Exemption Permit Holders' Rights

The Helen Suzman Foundation (HSF) has asked the court to intervene and address the uncertainty caused by the actions of Home Affairs Minister Aaron Motsoaledi who is challenging the nullification of his decision to cancel the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwe Exemption Permits (ZEPs)</a>.
The Pretoria High Court heard the HSF’s request to enforce a previous court order stating that the termination of the ZEP and the refusal to grant further extensions were invalid, unconstitutional, and unlawful, <a href="https://www.dailymaverick.co.za/article/2023-10-27-court-hears-bid-to-buy-time-for-zimbabwean-extension-permit-holders/">Daily Maverick</a> reported. The foundation argued that the ZEP should remain valid while the minister investigates the consequences of its termination. In a statement on Thursday, HSF executive director, Nicole Fritz, said the court application was necessary. Fritz said:
<blockquote>
When the minister first signalled his intention to appeal the court’s June 2023 judgment, HSF asked him to leave the ZEP in place until he exhausted the appeal process. The minister refused.
 When the court held, on 16 October 2023, that the minister’s appeal had no prospects of success, HSF asked that he now abide by the court’s June 2023 judgment. The minister again refused, instead indicating that he planned to continue his appeal by approaching the Supreme Court of Appeal (SCA).
</blockquote>
The Zimbabwean Exemption Permit (ZEP) was introduced in 2009 to provide a way for Zimbabweans who fled their country’s economic and political difficulties to live, study and work in South Africa. The Helen Suzman Foundation has requested that a court order be enforced to keep the ZEP valid while the Home Affairs Minister conducts a fair and reasonable investigation into the consequences of ending the program. The minister has stated that he will enforce immigration laws impartially, even after his application to appeal the previous court judgment was denied. Read a Home Affairs statement:
<blockquote>
The minister has also taken legal advice on the judgment. The minister has decided to exhaust the legal remedies available to him. To this end, he has already instructed his legal representatives to apply for leave to appeal to the Supreme Court of Appeal without any delay.
The minister believes that the matter is of such great public importance to deserve the attention of a higher court.
The minister is encouraged by the increased number of waiver and visa applications lodged by the affected Zimbabwean nationals. The minister is considering and approving an average of 2,000 waiver applications every week.
The minister would like to assure the public that the Department of Home Affairs will continue to enforce the immigration laws without fear or favour.
</blockquote>
 
The Helen Suzman Foundation is concerned that the Home Affairs Minister’s actions regarding the Zimbabwean Exemption Permit (ZEP) could set a dangerous precedent in the implementation of the law. They are seeking court intervention to address the uncertainty faced by ZEP holders. Without this intervention, there is a risk that the court’s previous judgment will be suspended when the minister appeals. This would mean the ZEP would expire in two months. The foundation argues that ZEP holders and their children need certainty, rather than relying on the minister’s piecemeal extensions. They believe government decision-making should follow the law for the benefit of all South Africans.
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HSF Asks Court To Intervene As Minister Motsoaledi Is "Causing Uncertainty On ZEP"

The Helen Suzman Foundation has filed an urgent application in the High Court to halt the mass deportations of illegal immigrants in South Africa, particularly Zimbabweans. The foundation argues that the deportations are unlawful and violate the rights of the affected individuals, many of whom have been residing in South Africa for an extended period and have positively contributed to the country. They further contend that the deportations are being conducted disorganisedly and inhumanely, denying individuals the opportunity to appeal their cases.
The government, on the other hand, asserts that the deportations are necessary to safeguard the country’s borders and ensure compliance with immigration laws. The High Court is set to hear the urgent application in the following week, and until then, the deportations have been temporarily halted.
The Helen Suzman Foundation, established in 1963, is a non-profit organisation dedicated to promoting human rights and democracy in South Africa. The foundation’s legal challenge on the deportation issue holds significance in the country’s immigration policy and has drawn attention from the government and the public.
The ruling will impact numerous Zimbabweans, who have sought refuge in South Africa due to economic hardships or political persecution. Many Zimbabweans were granted Exemption Permits (ZEPs) to live, work, and study in South Africa. The South African government introduced the ZEP program as a temporary solution for undocumented or expired visa-holding Zimbabwean nationals. It aimed to regularise their status, providing legal documentation for work, study, and residence in South Africa.
Initially issued for four years, the program was extended due to legal challenges and the need for a comprehensive approach. Applicants had to meet specific criteria, including identity proof, employment evidence, and a clean criminal record. The ZEP program aimed to offer legal protection and access to services while long-term immigration policies were explored. However, the program was discontinued in 2021, with the application deadline passed. The government has announced new visas which the affected individuals can apply for. However, there are concerns that thousands of affected people do not qualify for the visas. 
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

South Africa: Helen Suzman Foundation Seeks Court Order To Halt Mass Deportations

From 11 to 14 April 2023, the Pretoria High Court will hear three applications challenging the termination of the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwean Exemption Permit (ZEP)</a> by the Minister of Home Affairs. One of these cases is called the “<a href="https://zero.pindula.co.zw/south-africa-zimbabwean-exemption-permits-holders-get-boost/">Helen Suzman Foundation</a> and Another v Minister of Home Affairs and Another.”
<h2>1. What is at issue in this case and when will it be heard?</h2>
The case is about the Minister of Home Affairs’ decision to end the Zimbabwean Exemption Permit (ZEP) by June 30, 2023. The Pretoria High Court will hear the case from April 11-14, 2023.
<h2>2. <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">What is the ZEP?</a></h2>
The Zimbabwean Exemption Permit (ZEP) is a special permit that allows around 178,000 holders, and their children, to legally live, work, and study in South Africa. It was introduced in 2009 as the ‘Dispensation for Zimbabweans Project’ (DZP) to help undocumented Zimbabweans fleeing political violence. The DZP was renewed as the Zimbabwe Special Permit (ZSP) in 2014, and then as the ZEP in 2017. Applicants must show they have the financial means to support themselves, have no criminal record, and abandon attempts to apply for asylum status. ZEP holders are law-abiding and economically active foreign nationals who have built lives in South Africa over the last thirteen years due to desperate conditions in Zimbabwe. Many have children who only know South Africa as their home.
<h2>3. Are there viable alternatives to the ZEP?</h2>
Without the Zimbabwean Exemption Permit (ZEP), its holders cannot legally stay in South Africa unless they are granted one of the mainstream visas under the Immigration Act. However, this is difficult for most ZEP holders due to legal and practical barriers. They cannot apply for permanent residence, so they must apply for a general worker’s visa, which requires certification from the Department of Labour. The Department of Home Affairs (DHA) can waive this requirement, but it has an administrative incapacity issue and a large backlog of visa applications. The DHA recently extended the validity of existing long-term visas until December 31, 2023, but this extension was not given to ZEP holders. The backlog of applications makes it difficult for ZEP holders to apply for a waiver or a mainstream visa before the ZEP expires on June 30, 2023. Asylum seekers face the same backlog issue, and documenting their persecution is now more challenging with the passing of time.
<h2>4. What is the road ahead for ZEP holders if the Minister’s decision is upheld?</h2>
Without the Zimbabwean Exemption Permit (ZEP) and with the obstacles to obtaining a mainstream visa, most ZEP holders will face a difficult decision after June 30, 2023: return to Zimbabwe or remain in South Africa as undocumented migrants, with all the risks that come with it. Returning to Zimbabwe would be disastrous for most holders and their families, as the country remains politically unstable and economically weak. Children who have grown up in South Africa would lose access to education, healthcare, nutrition, shelter, and social assistance. As undocumented migrants, former ZEP holders would have no legal means to work, start a business, study, or access financial services, making life even more challenging for them.
<h2>5. Why did the Minister decide to terminate the ZEP?</h2>
When he announced his decision to terminate the ZEP, the Minister gave these reasons:
<blockquote>
1. The ZEP was always a temporary measure pending improved conditions in Zimbabwe.
2. DHA’s limited budget.
3. South Africa’s increased unemployment rate.
4. That ZEP holders were violating its conditions.
</blockquote>
The DHA has recently denied in court papers that ending the ZEP would reduce unemployment or that ZEP holders are responsible for unemployment among South African citizens. Instead, DHA asserts three remaining reasons for terminating the ZEP:
<blockquote>
1. That the conditions in Zimbabwe have improved.
2. That terminating the ZEP will alleviate pressure on the asylum system.
3. Budget and resource constraints at DHA.
</blockquote>
<h2>6. What is HSF’s argument?</h2>
HSF has two arguments for why the Minister’s decision to terminate the ZEP is unlawful.
First, the decision was made without consulting ZEP holders or the South African public, which is a violation of section 33 of the Constitution. This section gives everyone, including non-citizens, the right to fair government decision-making. The lack of consultation meant that the Minister did not consider the impact of his decision on ZEP holders and their lives, making his decision unlawful.
Second, the abrupt termination of the ZEP unjustifiably limits the constitutional rights of its holders, particularly their right to dignity (section 9 of the Constitution) and the best interests of their children (section 28(2) of the Constitution). The termination would have a destructive effect on the lives of ZEP holders and their children, making the decision unlawful.
<h2>7. What outcome does HSF seek?</h2>
HSF wants the court to declare the Minister’s decision as unconstitutional, unlawful and invalid and to set it aside. After that, HSF wants the Minister to consider the decision again with a fair process. Meanwhile, HSF wants the ZEP to continue until a fair process is in place. However, HSF does not want the court to order that the ZEP continues indefinitely.
<h2>8. Why is this case important for South African Citizens?</h2>
The case brought by HSF regarding the termination of the ZEP has wider implications for all living in South Africa. HSF argues that the Minister’s decision to terminate the ZEP without consulting the holders or the public is unconstitutional and violates their right to fair government decision-making. The case highlights the importance of respecting the rights of all when government decisions adversely affect them. ZEP holders have lawfully contributed to South Africa’s economic, social, and cultural life, and their abrupt removal could harm both them and South Africans. The case seeks a fair process and recognition that the best interests of ZEP holders and South Africans are not at odds.
<h2>9. Who will Appear Before the Court between 11 and 14 April 2023?</h2>
Between 11 and 14 April 2023, the Pretoria High Court will hear three separate applications that challenge the Minister’s decision to terminate the ZEP –
<h2>a). Helen Suzman Foundation and Another v Minister of Home Affairs and Another</h2>
HSF is the main party challenging the Minister’s decision to terminate the ZEP, and they will be joined by CORMSA as an intervening party. The Minister and the ‘All Truck Drivers Forum and Allied South Africa’ will also join proceedings as intervening parties, and they are opposed to HSF and CORMSA.
<h2>b). Zimbabwean Immigration Federation v Minister of Home Affairs.</h2>
Zimbabwean Immigration Federation (ZIF) wants to challenge the Minister’s decision to terminate the ZEP for the same reasons as HSF and seek the same outcome.
<h2>c). African Amity and Twenty-Nine Others v Minister of Home Affairs and Two Others</h2>
African Amity NPC is the main applicant in this matter, along with twenty-nine individual ZEP holders. They are challenging the Minister’s decision to terminate the ZEP on different grounds from HSF, CORMSA, and ZIF. The Minister will be opposing African Amity’s challenge.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Update On Applications Challenging Termination Of Zimbabwean Exemption Permit (ZEP)

Several Zimbabwean lecturers have approached the courts to challenge their dismissal by South Africa’s Department of Higher Education (DHE).
The DHE advised several Zimbabwean and Lesotho lecturers on exemption permits that their services are no longer required.
The <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwe Exemption Permit (ZEP)</a> system was introduced more than a decade ago to regularise the status of Zimbabweans who sought refuge in South Africa at various stages since the turn of the millennium.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for ‘regular’ SA visas.
The Zimbabwe Exemption Permit Holders Association (ZEPHA) argues that Home Affairs’ critical skills list, which determines the categories of skills needed by applicants to apply for regular visas, is designed to exclude the majority of ZEP holders.
Now lecturers with ZEP permits are being let go.
In one letter of dismissal, a senior lecturer and ZEP holder was simply told that his contract expires on 31 March. No reason was given.
ZEPHA says it is, however, clearly because the lecturer is in SA on a ZEP permit. Simba Chitando, legal representative for Zepha said:
<blockquote>
I can confirm that Zepha just instructed our legal team to approach the high court to review and set aside the decision by the Department of Higher Education to let go several ZEP holders who were employed as lecturers at various academic institutions in South Africa.
Targeting ZEP holders for dismissal from employment at higher education institutions is obviously unlawful,” he adds.
The minister of higher education does not know, or appreciate, the fact that this will cause serious harm to the quality and efficiency of higher education in South Africa and considering the role South African higher education institutions play in the region, it will hurt the continent. It is a decision that ought to be reviewed [and] set aside by our courts.
</blockquote>
The three organisations challenging the decision by the Department of Home Affairs to end the ZEP system are ZEPHA, the Helen Suzman Foundation and the Zimbabwe Immigration Federation.
All three argue in their court papers that the termination of the ZEP system would result in hundreds of thousands of Zimbabweans being deported or having to leave voluntarily, with little or no prospect of being reabsorbed into the Zimbabwean economy.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

South Africa: Zimbabwean Lecturers Challenge Dismissal

<a href="https://www.pindula.co.zw/Operation_Dudula">Operation Dudula</a> ‘s effort to intervene in a lawsuit filed by the Helen Suzman Foundation (HSF) against the non-extension of <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwe Exemption Permits</a> was rejected by the South African High Court (ZEPs).
Operation Dudula is a South African anti-immigration movement and vigilante group whose stated aims are to fight illegal immigration and illicit drug dealers and other criminals in South Africa.
HSF is a human rights organisation that filed a case with the High Court Division in Gauteng, South Africa, last year to overturn the cancellation of ZEPs on the grounds that the decision was unlawful and unreasonable.
This case will be heard on April 11 to 14 this year, <a href="https://cite.org.zw/sa-court-throws-out-operation-dudula-application-in-zeps-case/">CITE</a> reported.
The All Truck Drivers Forum and Allied South Africa (ATDFASA) with Operation Dudula applied to intervene in the ZEPs before the case hearing in April.
However, on February 10, 2023, the court dismissed the application made by Operational Dudula for lacking merit and that it is based on speculation.
The court granted the application by All Truck Drivers Forum and Allied South Africa.
The South African government gave ZEP holders a 12-month grace period to apply for another type of permit or leave the country by June 2023.
ZEPs cover around 178 000 Zimbabweans. 
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Court Rejects Operation Dudula 's Effort To Intervene In ZEPs Case

A court case in which the Helen Suzman Foundation (HSF) is challenging the termination of the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwe exemption permit (ZEP)</a> has been postponed to April 2023.
The case was set down for Monday, and will now be heard in April, Times Live said quoting Nicole Fritz the director of the foundation.
Nicole Fritz said a three-bench panel of judges would hear the matter when it resumed. Said, Fritz:
<blockquote>
We are disappointed that hearing dates could not be secured earlier in that we are anxious to have the matter heard by the courts and for a just resolution to be determined.
</blockquote>
HSF is challenging Home Affairs minister Aaron Motsoaledi’s decision to terminate the ZEP on June 30, 2023.
The HSF wants the high court in Pretoria to declare the decision by Motsoaledi to terminate the ZEP — and his limited extension to the permit — unlawful, unconstitutional and invalid.
The application is being opposed by the home affairs minister.
On the case only being heard in 2023, Zimbabwe Immigration Federation chair Luke Dzviti said: 
<blockquote>
For now it’s not a train smash, I am not really disappointed because we still have a grace period. It’s fine as long as it happens before Zimbabwean nationals who are ZEP holders become illegal immigrants.
</blockquote>
Dzviti said they were fine with the home affairs directive which says no one can be arrested or deported.
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Zimbabwe Exemption Permit Case Postponed

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