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The Zimbabwean government is in talks with South Africa about its citizens who may be deported after their ZEP permits expire.
South Africa’s Home Affairs Minister Leon Schreiber recently announced that 19,750 undocumented immigrants were deported, costing the government nearly R52.8 million (about US$3 million).
Zimbabwe has the highest number of illegal immigrants in South Africa, with over 7,000 Zimbabweans deported in 2022/2023.
In the Senate on Wednesday, Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi said the government is in talks with South African officials over the planned deportations of undocumented citizens. He said (via <a href="https://www.newsday.co.zw/local-news/article/200034038/govt-engages-sa-over-deportations">NewsDay</a>):
<blockquote>
South Africa has its own laws that govern their own immigration. What we can do as a government is to ensure that the needs of our people, wherever possible, are governed by the bilateral relations that we have, that we can assist them.
The issue of Zimbabweans in South Africa is that the South African government has decided that they no longer want to renew the permits that were given after 2008, they said that they wanted to remove them.
So, we wait to see whether the South Africans will be amenable to negotiating to have our people who have been staying there stay but are within the jurisdiction of the South African Government.
We have held negotiations, but it is something that is not very easy to tell the government to say, you must take our citizens and give them work; however, diplomatic and bilateral discussions between our Foreign Affairs ministry and their Department of International Relations are on-going.
</blockquote>
ZEP was introduced by the South African Department of Home Affairs to regularize the status of undocumented Zimbabweans living in South Africa.
Under the ZEP, approximately 178,000 Zimbabwean nationals who arrived in South Africa before 2009 could apply for a permit, allowing them to reside and work legally in the country.
Initially valid for four years, the ZEP has been extended, with the new permits now valid until 29 November 2025.
However, holders of the ZEP are not eligible for permanent residence status, and the permits are not renewable.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabwe is talking to South Africa about citizens who may have to leave after their permits end. 7,000 Zimbabweans were sent back in 2022/2023. South Africa is deporting many undocumented immigrants. The two countries are discussing what to do. South Africa's ZEP permit was to help Zimbabweans, but it is ending soon. The permits are not renewable. Talks are happening, but it's not easy. The two governments are working on it.

Zimbabwe Engages South Africa Over Looming Deportations After ZEP Permit Expiry

South Africa’s newly-appointed Home Affairs Minister Leon Schreiber is not yet committing to a position on the future of the Zimbabwean Exemption Permit (ZEP) which is set to expire in 2025.
The Constitutional Court on June 18, 2024, dismissed former Home Affairs Minister Aaron Motsoaledi’s bid to appeal the Gauteng High Court ruling that invalidated the decision to terminate the ZEP.
The appointment of the Democratic Alliance (DA) MP as Home Affairs Minister has given ZEP holders hope that he will make it easier for them to obtain permanent residency.
Hellen Zille, Chairperson of the Federal Council of the DA, speaking ahead of South Africa’s May 29, 2024 general elections, said that Zimbabwean nationals are industrious contributors to the local economy and should be afforded opportunities to regularise their ZEPs.
However, according to <a href="https://www.sabcnews.com/sabcnews/schreiber-not-committing-to-position-on-future-of-zep-permit/">SABC News</a>, Schreiber said any decision on ZEPs must be preceded by a rational and constitutionally fair process. He said:
<blockquote>
It is broader than just one permit because this is going to affect how you are going to handle immigration issues, actually, across the board. And so, we are going to have to take some time, not rush into anything, because I think that is one of the issues that we saw in those court rulings – that we need to go and consider, really, that we are acting rationally within the rule of law before we make any of those decisions. So, there will be a lot of focus on getting it right.
</blockquote>
ZEP was introduced by the South African Department of Home Affairs to regularize the status of undocumented Zimbabweans living in South Africa.
Under the ZEP, approximately 178,000 Zimbabwean nationals who arrived in South Africa before 2009 could apply for a permit, allowing them to reside and work legally in the country.
Initially valid for four years, the ZEP has been extended, with the new permits now valid until 29 November 2025.
However, holders of the ZEP are not eligible for permanent residence status, and the permits are not renewable.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South Africa's Home Affairs Minister, Leon Schreiber, Not Committing To Position On Future Of ZEP Permit

South Africa’s Constitutional Court on Tuesday, 18 June, dismissed an application by the Minister of Home Affairs, Aaron Motsoaledi, for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit (ZEP) had been unlawfully terminated.
In June 2023, the Pretoria High Court ruled that the termination of the ZEP had been unlawful and unconstitutional.
The High Court ruling ordered the minister to reconsider the termination of the programme and follow a fair, lawful and consultative process.
Motsoaledi then appealed the ruling but it was dismissed by the Supreme Court of Appeal on the grounds it had no prospects of success.
Subsequently, the Minister turned to the Constitutional Court, essentially on the same grounds, asking that it adjudicate over the issue.
In the application lodged in the Constitutional Court, Home Affairs director-general Livhuwani Tommy Makhode, who was the second applicant after the minister, sought leave to appeal against the whole June 2023 judgment of the Pretoria High Court.
The Helen Suzman Foundation (HSF), a non-governmental organisation, opposed the application by the Minister.
In a statement issued this Wednesday, 19 June, HSF confirmed the dismissal of Motsoaledi’s appeal by the Constitutional Court. It said:
<blockquote>
Yesterday, the Constitutional Court dismissed an application by the Minister of Home Affairs (Minister) for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit (ZEP) had been unlawfully terminated.
That June 2023 judgment was unequivocal in holding that the Minister is obliged to follow a fair consultation process, which duly considers the rights of those affected by terminating the ZEP before he be lawfully allowed to do so.
The Constitutional Court’s order affirms with finality that this most basic of legal duties binds the Minister, notwithstanding changes in office that may occur once a new government is formed when deciding the ZEP’s future.
It is a vital affirmation – for ZEP holders and South African citizens alike – that principles of fair hearing and rational government are indispensable to our constitutional democracy.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South Africa's Constitutional Court Dismisses Appeal By Home Affairs Minister Against ZEP Judgment

The South African Government, through its Home Affairs Minister Aaron Motsoaledi, on Friday, 01 December announced two-year exemptions for special dispensation permit-holders from Zimbabwean and Lesotho nationals living and working in South Africa.
The exemption will benefit 178 000 Zimbabweans and more than 50 000 Basotho.
Addressing a media briefing in Tshwane today, Motsoaledi said the new exemption permits to be issued for Zimbabweans and Basotho will expire on 29 November 2025. <a href="https://www.iol.co.za/news/south-africa/motsoaledi-grants-two-year-exemption-for-54000-basotho-and-178000-zimbabweans-living-in-south-africa-5e58cccc-abd1-4721-a794-5297376a95d4">IOL</a> quoted Motsoaledi as saying:
<blockquote>
I have decided to grant exemptions to approximately 178 000 Zimbabwean nationals for a period of two years in terms of Section 31(2)(b) of the Immigration Act 13 of 2002.
The affected Zimbabwean nationals will be entitled to apply for new exemption permits under the following terms and conditions: a holder of the exemption permit will be entitled to work, seek employment, and conduct business in the Republic of South Africa; a holder of the exemption permit due to expire on December 31, 2023, or June 20, 2024, and such an extended period of validity will be entitled to apply for a new exemption permit.
A holder of the exemption permit will be entitled to sojourn in the Republic of South Africa during the validity of the exemption permit; exemption permits to be issued will expire on November 29, 2025.
A holder of the exemption permit will not be entitled to apply for permanent residence in terms of sections 25, 26, and 27 of the Immigration Act 13 of 2002 or any other provisions in any other law, irrespective of the period of stay in the Republic of South Africa, and the exemption permits will not be renewable.
</blockquote>
Motsoledi said a holder of the exemption permit will be allowed freedom of movement between Zimbabwe and South Africa, or any other country. He added:
<blockquote>
A holder of the exemption permit cannot change his or her status in the Republic of South Africa as contemplated in Section 10(6) of the Immigration Act 13 of 2002 during the validity of the permit issued.
When a holder of the exemption due to expire on December 31, 2023, or June 28, 2024, or such extended period, applies for a new exemption permit, he or she must disclose and/or register all the minor children born and staying in the Republic of South Africa.
</blockquote>
In June this year, the High Court in Pretoria, gave the permit holders a further 12 months to work and live in the country.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South Africa Extends ZEP Permits To 2025

The Pretoria High Court on Tuesday, 07 November dismissed an urgent application brought by the Helen Suzman Foundation (HSF) to protect the rights of Zimbabwean Exemption Permit (ZEP) holders, reported <a href="https://www.groundup.org.za/article/zimbabwe-permit-application-dismissed-no-need-for-it-say-judges/">GroundUp</a>.
Judges Colleen Collis, Gcina Malindi and Mandlenkosi Motha ruled that the application was not needed and confirmed the validity of the ZEPs and protections afforded to permit holders until at least June 2024.
A ruling by the judges in June this year gave 178 000 ZEP holders protection for 12 months while the Minister of Home Affairs, Aaron Motsoaledi, conducted a fair and rational inquiry into the impact of any termination of the programme.
The court affirmed that the ruling remained operative in spite of attempts by the minister to appeal it.
However, the court said the Minister’s powers to cancel the ZEP programme had not been usurped but set aside temporarily.
The judges said that HSF and its co-applicant, the Consortium for Refugee and Migrants in South Africa (CORMSA), were asking in their urgent application for “what they already have by operation of law”.
HSF sought an “enforcement order” after the Minister indicated that he intended to appeal the June ruling by petitioning the Supreme Court of Appeal (SCA) after he failed to get leave to appeal from the Pretoria court.
HSF was concerned that this meant the judgment would be automatically suspended thereby putting ZEP holders at risk of deportation while the appeal process played out with the permits set to expire in December 2023.
The HSF filed the urgent court action after the minister twice refused to abide by the court’s ruling pending appeal.
The three judges said their June judgment was not a final order and its aim was to preserve the status quo.
The judges declined to grant a declarator, that the ZEP programme remains intact until all appeals are exhausted, saying “There is no need for a duplication of this protection”.
In response to the ruling, HSF said it welcomed the court’s confirmation of the validity of the ZEPs and protections afforded to permit holders until at least June 2024.
However, the Minister of Home Affairs saw the ruling differently. He said:
<blockquote>
In essence, HSF and CORMSA sought the judgment whereby the court will issue an order to compel the department to implement the adverse judgment regardless of any subsequent appeal by the minister in any court.
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>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pretoria High Court Dismisses ZEP Permit Application

Zimbabweans living in South Africa got a reprieve on Monday after the Gauteng High Court Division in Pretoria dismissed Home Affairs Minister Aaron Motsoaledi’s leave to appeal against a ruling that blocked the SA Government from cancelling the Zimbabwe Exemption Permits (ZEPs).
On 28 June 2023, the High Court ruled that Motsoaledi’s failure to consult with the ZEP holders, interested non-governmental organisations and the public, was unlawful, unconstitutional and invalid.
The ruling effectively restored the ZEP holders’ status for another 12 months.
In July, Motsoaledi submitted an application for leave to appeal against the judgment and orders.
The Minister cited the Helen Suzman Foundation, the Consortium for Refugees and Migrants in SA, the All Truck Drivers Forum and Allied South Africa as respondents.
He argued that his decision was not reviewable under the Promotion of Administrative Justice Act (PAJA) because it did not constitute administrative action.
Motsoaledi also stated that the order violated the doctrine of separation of powers and so did the section 172 orders.
However, on 16 October 2023, the High Court ruled that the Minister’s decision was taken before consultation with the ZEP holders or NGOs acting in the interest of the ZEP holders or the public. Ruled the court:
<blockquote>
Crucial to establishing the grounds for leave to appeal is the quality of evidence or the incontrovertible importance of the issue contemplated in section 17 (1) (a) (ii) respectively.
What renders the minister’s application destined for failure is his failure to dispose to the answering affidavits in the review proceedings.
The minister could give evidence as to what passed through his mind and how his mind was exercised.
</blockquote>
Minister contends that his decision was of executive nature and therefore immunised from sections 3 and 4 of PAJA.
The court also ruled that Motsoaledi’s powers had not been interfered with through the temporary court orders granted against him.
<a href="https://www.businesslive.co.za/bd/national/2023-10-17-aaron-motsoaledi-loses-appeal-bid-on-zimbabwe-exemption-permits/">Business Day</a> reported that the latest court ruling means, pending a further decision by the Minister, current ZEPs are deemed to remain valid and the permit holders will continue to enjoy the legal protections.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZEP Permit Holders Get Another Reprieve

The Pretoria High Court has reserved its judgement against the SA Department of Home Affairs’ leave to appeal an earlier ruling on the Zimbabwe Exemption Permit (ZEP) scheme against it.
The application by the Department of Home Affairs was heard on Monday, reported The Star via <a href="https://www.iol.co.za/the-star/news/zep-holders-breath-sigh-of-relief-following-court-decision-to-reserve-judgment-till-further-notice-a73dcf56-3d1b-4eb5-82fa-404ff34795b7">IOL</a>.
The Department sought to challenge the court’s ruling that the termination of ZEP permits by the South African government is unlawful.
Judge Colleen Collis said that judgment will be handed down after recess and once the new terms commence. He said:
<blockquote>
We are going to reserve our judgment on those two applications for leave to appeal, and then we will hand it down as soon as it is ready.
Parties must bear in mind that the court is now on recess, so we accommodated the hearing of this application because you had already made the request during term, but we will only hand down the judgment once the new term commences.
We will advise the parties, and it will be uploaded into case lines.
</blockquote>
Earlier this year, a full bench of the high court ruled that the Department of Home Affairs and Minister Aaron Motsoaledi did not follow proper processes in terminating the ZEP permits.
The ZEP scheme has benefited 178 000 Zimbabweans who have been in South Africa for 14 years.
The judgement bars the South African government from “arresting, issuing an order for deportation, or detaining any holder of the Zimbabwe Exemption Permit… for any reason related to him or her not having any valid exemption certificate in his or her passport”.
The ruling followed a challenge brought by the Helen Suzman Foundation, which has been fighting hard to stop the department from cancelling the ZEP permits.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pretoria High Court Reserves Judgement In ZEP Permits Ruling Appeal

The Zimbabwe Community in South Africa has urged Zimbabwean Exemption Permit (ZEP) holders to take advantage of the South African Government’s new six-month grace period to apply for mainstream work permits.
This comes after the SA Government recently extended the validity of the ZEP permits which were set to expire on 30 June 2023, by another six months, to 31 December 2023.
In an interview with <a href="https://cite.org.zw/zimbabweans-in-sa-urged-to-hastily-apply-for-other-visas/">CITE</a>, the Chairperson of the Zimbabwe Community in South Africa, Nicholas Ngqabutho Mabhena, said:
<blockquote>
The Zimbabwe Community in South Africa welcomes this decision and understands that this period must be hastily used by our community to migrate to mainstream work permits.
We are happy that the minister considered input made via the African Diaspora Forum (ADF), which we are an affiliate of among other organisations which may have added input on the state of applications.
</blockquote>
He said Zimbabweans with low skills who are unable to obtain mainstream permits are encouraged to apply for waivers that will allow them to apply for the permits. Said Mabhena:
<blockquote>
We remind them that the waiver letter is not a permit and they still must submit their application for a mainstream permit before the new deadline.
</blockquote>
Mabhena also noted that Zimbabweans are struggling to submit their applications due to South Africa’s Department of Home Affairs’ VFS, the visa application centre’s poor website response rates and timeouts, the issue of booking slot unavailability, and the additional premium lounge costs. He said:
<blockquote>
We engage the VFS to open the Midrand and or any other ZEP-dedicated facility to ease the pressure of booking slots and have asked them to give value to the fee paid by applicants.
We have asked them to increase the capacity of their website and attend to the constant errors this site gives applicants, including the very low timeout period while entering among other technical glitches.
We hope these engagements bear fruit and help expedite the applications.
</blockquote>
On Wednesday, 07 June, South Africa’s Home Affairs Minister Aaron Motsoaledi extended the validity of the ZEP permits.
He said the holder of a ZEP permit will be allowed to enter and exit South Africa, provided they comply with all entry or exit requirements.
ZEP holders would not be required to present an exemption permit or authorisation letter to remain in the country during the extension period.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZEP Permit Holders Urged To Quickly Apply For Other Visas

Advocate Simba Chitando said that they are eagerly waiting for a ruling from the Pretoria High Court on their application challenging the legality of the cancellation of the Zimbabwean Exemption Permit (ZEP) by the South African Government.
On Wednesday, SA Home Affairs Minister Aaron Motsoaledi extended the ZEP permit expiry deadline by six months from 30 June to 31 December 2023.
Chitando, who brought an application to the Pretoria high court on behalf of the Zimbabwean Exemption Permit Holders Association (ZEPHA) to challenge the cancellation of the permits, said the South African Government is exploiting ZEP permit holders financially.
Read a statement issued by Chitando in response to the extension of the ZEP permits.
<blockquote>
The Zimbabwean Exemption Permit Holders Association (ZEPHA) notes the 7 June 2023 decision by the Minister of Home Affairs to extend the ZEP until 31 December 2023.
This means that all ZEP holders shall remain lawful in South Africa until the last day of this year.
The 7 June 2023 decision by the Minister of Home Affairs to extend the ZEP for a third time proves that the South African government’s initial decision to end exemptions was ill-conceived, unreasonable, procedurally unfair, unconstitutional, and thereby unlawful.
The legality of that decision, including the subsequent extensions, is currently before the Pretoria High Court.
ZEPHA is concerned with the Minister of Home Affairs report that desperate ZEP holders are making thousands of waiver applications at great expense.
A “waiver” only allows ZEP holders to make yet another application for a visa provided for in the Immigration Act.
There is no lawful reason why ZEP holders should have to apply twice for one visa or permit.
ZEP holders ought to be able to make a single application, provided by the Immigration Act, for a visa or permit appropriate to their personal circumstances. This issue has also been put before the High Court.
The financial exploitation of ZEP holders by the South African government must come to an end.
ZEP holders have been in South Africa for more than 10 years, and according to the provisions of the Immigration Act and applicable Regulations, after 5 years in the country, they ought to be able to apply to be permanent residents of South Africa.
ZEPHA calls upon the public to remain calm and respect the rule of law, as we await to hear from the Pretoria High Court.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Advocate Simba Chitando Reacts To ZEP Permits Extension | Full Text

The Zimbabwe Community in South Africa has welcomed the extension of the Zimbabwe Exemption Permit (ZEP) scheme by the South African government for a further six months to 31 December 2023.
On Wednesday, 07 June, South Africa’s Home Affairs Minister Aaron Motsoaledi extended the validity of the ZEP permits which were expiring on 30 June 2023.
He extended the ZEP permits for a further period of 6 months, ending on 31 December 2023.
Speaking to <a href="https://www.voazimbabwe.com/a/7127518.html">VOA News </a>after Motsoaledi extended the ZEP Permits, Bongani Mkhwananzi, spokesperson of the Zimbabwe Community in South Africa, urged his compatriots to use the opportunity to regularise their status. Said Mkhwananzi:
<blockquote>
We welcome this directive and we are grateful to the minister for taking into consideration the plight of our fellow compatriots and also acknowledging that he is signing a lot of waivers and that many people have started applying for the waivers.
This extension should be used by our compatriots to migrate to the mainstream permits.
They should not take this extension just as a chance to stay and do nothing about their documents.
So, we encourage people to continue to apply for waivers as the minister has advised that he is signing these on a daily basis.
</blockquote>
Motsoaledi said the holder of a ZEP permit will be allowed to enter and exit South Africa, provided they comply with all entry or exit requirements.
ZEP holders would not be required to present an exemption permit or authorisation letter to remain in the country during the extension period.
During the economic and political strife in Zimbabwe in 2008 and 2009, many Zimbabweans fled to South Africa as economic and political refugees.
At the time, the South African government created a blanket exemption so that Zimbabweans could get permits to live and work legally.
The permits were effectively extended by creating another permit over the years, which has since become known as the ZEP.
More than 178 000 ZEP holders have been in South Africa for over a decade.
On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming the cabinet’s decision to discontinue the ZEP scheme.
The ZEP permits, which were due to expire on 31 December 2021, were automatically regarded as valid until 31 December 2022.
On 2 September 2022, the Minister of Home Affairs extended ZEP for an additional 6 months until 30 June 2023 to allow the holders to apply for one or another visa for which they may qualify in terms of the Immigration Act.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabweans Praise SA Government For Extending ZEP Permits Scheme

South Africa’s Home Affairs Minister Aaron Motsoaledi has extended the validity of exemption permits issued to Zimbabwean nationals which were expiring on 30 June 2023.
The Zimbabwean Exemption Permits (ZEP) have been extended for a further period of 6 months, ending on 31 December 2023.
Motsoaledi has since directed the country’s Border Management Authority, Provincial Offices, Regional and District Offices, Immigration Officers: Port Control, Immigration Officers: Inspectorate, Permitting Sections, and Civic Centres to adhere to the extensions of the permit.
He said holders of valid exemption permits should not be arrested, ordered to leave South Africa or be detained for purposes of deportation for not having permit stickers or labels on their passports. Reads the order:
<blockquote>
MINISTER’S IMMIGRATION DIRECTIVE NO 2 OF 2023
IMPLEMENTATION OF THE DECISION NOT TO EXTEND ZIMBABWEAN NATIONALS’ EXEMPTIONS GRANTED IN TERMS OF SECTION 31(2)(b), READ WITH SECTION 31(2)(d) OF THE IMMIGRATION ACT 13 OF 2002
I, Dr PA Motsoaledi, MP, Minister of Home Affairs having, with the powers bestowed upon me in terms of section 31(2)(b), read with section 31(2)(d) of the Immigration Act, decided to extend the validity of Zimbabwean exemption permits issued to Zimbabwean nationals for a further period of 6 months in order to allow the holders thereof to apply for one or other visas and waivers provided for in the Immigration Act, (read with Immigration Regulations, 2014) that they may qualify for, hereby direct that this decision should be implemented as follows, during the further 6 months’ period, starting from 30 June 2023 and ending 31 December 2023:
1. No holder of a valid exemption permit may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of the section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate (i.e. permit label/sticker) in his or her passport. The holder of a valid exemption permit may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act.
2. The holder of a valid exemption permit may be allowed to enter into or depart from the Republic of South Africa in terms of section 9 of the Act, read together with the Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the Republic, save for the reason of having an expired exemption permit indicated in his or her passport; and
3. No holder of exemption should be required to produce-
(a) a valid exemption certificate/permit;
(b) an authorisation letter to remain in the Republic contemplated in section 32 
(2) of the Immigration Act when making an application for any category of visas, including temporary residence visas.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

SA's Home Affairs Minister Directive Extending ZEP Permits | Full Text

The South African Minister of Home Affairs has extended the validity of Zimbabwean Exemption Permits (ZEP) for a further period of 6 months.
The permits were set to expire on 30 June 2023 and following the extension, are now valid until 31 December 2023.
A statement issued on 07 June 2023, by South Africa’s Home Affairs Minister Aaron Motsoaledi reads:
<blockquote>
PRESS STATEMENT ON THE ISSUING OF MINISTER’S IMMIGRATION DIRECTIVE NO: 2 OF 2023, EXTENDING THE VALIDITY OF THE EXEMPTION PERMITS ISSUED TO THE ZIMBABWEAN NATIONALS
1. As you are aware, the Minister of Home Affairs (Minister) issued a directive in September 2022, extending the validity of exemption permits issued to Zimbabwean nationals to 30 June 2023. Since that time, significant developments took place.
2. The Minister has approved thousands of waiver applications for the affected Zimbabwean nationals. This has resulted in a significant increase in the number of visa and waiver applications. The Departmental Advisory Committee (DAC) led by Dr Cassius Lubisi is now dealing with the increased number of visa applications.
The Minister is equally considering and approving waiver applications on a daily basis.
3. Unlike before since May/beginning of June 2023, VFS Global is now receiving between 1 000 – 1 500 visa and waiver applications of the affected Zimbabwean nationals daily. For these reasons, the Director-General has deployed more officials to assist in the processing of the applications.
4. The Minister took into consideration the said factors, including (to a certain extent) submissions received from the affected Zimbabwean nationals, relevant officials of the Department of Home Affairs (DHA) and other interested parties and decided to issue another Immigration Directive, extending the validity of Zimbabwean exemption permits for a further period of 6 months, ending on 31 December 2023. A copy of the Directive is annexed hereto marked “A”.
5. The Minister’s Immigration Directive no: 2 of 2023, will be published in the Extraordinary Government Gazette tomorrow on Thursday, 8 June 2023
6. The Minister calls upon all interested parties to take into consideration the said Directive in their decision-making processes.
The Minister will be addressing a letter to the Minister of International Relations and Cooperation requesting her to issue a note verbale to bring the Directive to the attention of His Excellency, the Ambassador of the Republic of Zimbabwe.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South Africa Extends ZEP Permits Expiry Deadline

Some of the estimated 178 000 Zimbabweans living in South Africa on the <a href="https://pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwean Exemption Permit</a> (ZEP) are trying to use the waiver method to legally extend their stay in the neighbouring country.
A spokesperson for the Zimbabwe Community in South Africa Bongani Mkhwanazi was quoted by <a href="https://ewn.co.za/2023/06/02/zimbabweans-living-in-sa-scramble-to-obtain-visas-as-zep-expiration-looms">EWN</a> as saying many were using the waiver method to avoid reapplying in certain categories. Said Mkhwanazi:
<blockquote>
In particular, trying to use the waiver method where they would request that the department must waive certain requirements because they would already be employed and earning gainfully.
[But] the visa website has proven to be very cumbersome. A lot of people are facing difficulties in booking slots, and timeouts on the website, and people are kicked out.
</blockquote>
In January this year, ZEP holders who applied for waivers said the South African government had said nothing about the extension or responded to new applications.
ZEP holders have until the end of June 2023 to obtain permission to stay in the country or face possible deportation.
On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming the cabinet’s decision to discontinue the ZEP scheme.
The ZEP permits, which were due to expire on 31 December 2021, were automatically regarded as valid until 31 December 2022.
On 2 September 2022, the Minister of Home Affairs extended ZEP for an additional 6 months until 30 June 2023 to allow the holders to apply for one or another visa for which they may qualify in terms of the Immigration Act.
However,  three civil rights groups have challenged this move in the Pretoria High Court.
The Pretoria High Court reserved its ruling in the battle between Home Affairs and civil groups but time is running out for thousands of Zimbabweans who may soon find themselves as illegal migrants in South Africa.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

ZEP Holders Scramble To Obtain Visas To Extend Stay In SA

Over 178 000 Zimbabweans who are holders of the Zimbabwean Exemption Permit (ZEP) have exactly a month to find alternative ways to regularise their stay in South Africa.
The ZEP is set to expire on 30 June 2023 when the grace period announced by the South African government to allow the holders to comply with the country’s immigration laws lapses.
More than 178 000 Zimbabwean nationals have been living, working and attending school in South Africa using the Zimbabwean Exemption Permit.
South Africa’s Department of Home Affairs discontinued the permit after it was first issued over a decade ago but three civil rights groups have challenged this move in the Pretoria High Court.
If the Pretoria High Court rules in favour of the Department of Home Affairs, thousands of Zimbabweans will be deported from South Africa.
<a href="https://ewn.co.za/2023/06/01/zep-zimbabweans-in-sa-have-a-month-to-find-alternative-ways-to-regularise-stay">EWN</a> reported that until recently, the Department of Home Affairs has been requiring Zimbabweans to apply for alternative permits such as the spousal or work permit but the process has been complicated.
Many who have opted for the work permit have had to travel back to Zimbabwe to start their application.
Zimbabweans have also been required to apply with the Department of Labour for exemptions if their skills are not considered scarce.
The Pretoria High Court reserved its ruling in the battle between Home Affairs and civil groups but time is running out for thousands of Zimbabweans who may soon find themselves as illegal migrants in South Africa.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwean Exemption Permit Holders Left With One Month To Regularise Stay In SA

Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando has said they will appeal if the Pretoria High Court rules in favour of the South African Government in their court application on the discontinuation of the Zimbabwean Exemption Permit (ZEP).
Chitando is seeking the court to grant ZEP holders permanent residence in South Africa. 
ZEP expires on 30 June 2023 but there are no indications as to when the Pretoria High Court will deliver its ruling on the application by ZEPHA and other human rights organisations such as the Helen Suzman Foundation (HSF).
HSF has argued that the decision by South Africa’s Department of Home Affairs to terminate the ZEP scheme without proper public consultation is unlawful and wants the court to set aside the directive.
Asked on <a href="https://www.sabcnews.com/sabcnews/deadline-for-zimbabwean-exemption-permits-draws-near/">SABC News</a> what the plan was if the court rules in favour of the South African Government, Chitando said:
<blockquote>
The litigation has been brought not just by the Helen Suzman Foundation but also by several other parties.
If successful in that litigation… we will wait for the relief and the relief will give us direction about what will happen to the ZEP holders.
Some of the parties that have instituted the litigation sought permanent residence… which is what the institution I am representing is seeking while the Suzman Foundation wants the Government to reconsider their decision.
Either way, we are bound by the court decision and we do not know when it will take place.
If we are successful… the Government would have to take a decision on whether they are going to appeal the judgement and obviously if we are unsuccessful I can guarantee you that we would appeal the judgement that is not in favour of ZEP holders.
</blockquote>
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
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.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Lawyer Representing ZEP Holders Vows To Appeal If Court Rules In SA Government's Favour

The Government is working with the International Organisation for Migration (IOM) to conduct a nationwide needs assessment and sensitisation exercise in preparation for the return of thousands of Zimbabweans from South Africa whose Zimbabwe Exemption Permits (ZEP) are set to expire on 30 June this year.
The <a href="https://www.chronicle.co.zw/sa-returnees-government-conducts-needs-assessment-exercise/">Chronicle</a> reported that five teams have been deployed to carry out the exercise which started on Sunday and will end this coming Sunday.
The teams will be visiting various Government departments, institutions and communities for data collection.
The teams visited Gwanda District for the data collection on Wednesday and on Friday, the team will move to Bulawayo while on Saturday it will be in Nkayi.
The teams will also visit Mutoko, Mutare, Chipinge, Buhera, Zaka, Mwenezi, Masvingo, Gutu, Kwekwe, Gokwe, Kadoma, Chegutu, Zvishavane, Chitungwiza, Epworth, Harare and Goromonzi.
In a statement, Foreign Affairs and International Trade Permanent Secretary James Manzou explained the main objective of the needs assessment. He said:
<blockquote>
As you would know, South Africa will not renew the Zimbabwe Exemption Permits expiring on 30 June 2023.
In response, the Government has put in place a repatriation and reintegration plan to cater for the anticipated arrival of hundreds of Zimbabwean citizens by 30 June.
As part of preparations for the arrival of those Zimbabweans, the Technical Committee on the return of Zimbabweans from South Africa will carry out a joint needs assessment and sensitisation exercise together with International Organisation for Migration across the country.
The teams that will go around the country are drawn from various Government departments so as to widen the scope of this exercise.
</blockquote>
The Zimbabwe Exemption Permit system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
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.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ZEP: Govt Conducts Needs Assessment For South African Returnees

A full bench in the Gauteng High Court in Pretoria has reserved its judgement in the case brought by the Zimbabwean Exemption Permit Holders (ZEPHA) and other civil society organisations against the state, <a href="https://www.groundup.org.za/article/judgment-reserved-in-case-to-decide-future-zimbabweans-in-south-africa/">reported GroundUp</a>.
ZEPHA is seeking permanent residence in South Africa for Zimbabwean Exemption Permit (ZEP) holders.
ZEPHA had previously asked for ZEP holders to be given permanent residence but this was then changed to ask the court to allow them to apply for permanent residence, as required by the Immigration Act.
ZEPHA had also asked for the Minister of Home Affairs Aaron Motsoaledi’s decision to terminate the ZEP scheme to be set aside as unlawful and invalid.
Arguing for the state, advocate Myron Dewrance said the ZEP permit specifically prohibited the holder from applying for permanent residence.
However, Advocate Simba Chitando, representing ZEPHA, argued that the Immigration Act makes provision for those residing in South Africa under a variety of visa programmes to apply for permanent residence and that this right should be granted to ZEP holders.
<a href="https://www.sabcnews.com/sabcnews/high-court-reserves-ruling-in-zimbabwe-exemption-permit-case/">SABC News</a> quoted Presiding Officer Justice Colleen Collis as saying:
<blockquote>
We have concluded during our brief adjournment that in order to do justice to the merits of this application as well as the importance of the application to the parties concerned and the urgency of this application that it would be prudent rather reserve our ruling.
We are aware that the litigants before the court would want to have finalisation of their pending application before the 30th of June 2023 so we will have that in mind.
</blockquote>
The exemption permit system was introduced in 2009 under the Dispensation of Zimbabweans Project (DZP).
It allowed some 250 000 Zimbabweans unlawfully in South Africa to regularise their status, allowing them to live, work and study in South Africa.
In 2014, the DZP was renamed the Zimbabwe Special Permit (ZSP). The name changed again three years later to Zimbabwe Exemption Permit or ZEP.
In September 2022, South Africa’s Department of Home Affairs extended the permit which was due to expire on December 31, for a further six months to June 30, 2023.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Gauteng High Court Reserves Judgement In Zimbabwe Exemption Permit Case

The High Court in Pretoria is on Friday, 14 April 2023 expected to hear the third and final argument in the challenge against Home Affairs Minister Aaron Motsoaledi’s decision to discontinue the Zimbabwe Exemption Permit (ZEP) programme.
Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando, told <a href="https://www.groundup.org.za/article/zimbabwean-exemption-permit-intro-minister-acted-outside-his-powers-court-told/">GroundUp</a> they will ask the court to grant ZEP holders permanent residence in South Africa. He said:
<blockquote>
ZEPHA believes that ZEP holders have lived in South Africa long enough to become residents and have taken the view that continuous extensions are unfairly expensive and unlawful.
We have waited a long time for this hearing, and hope for a favourable decision from the Court.
</blockquote>
The termination of the ZEP scheme would mean that about 178 000 permit holders and their dependents will have to return to Zimbabwe or seek alternative visas or permits in South Africa.
Counsel representing the Zimbabwe Immigration Federation (ZIF) in the second application against South Africa’s Home Affairs Minister Advocate Tembeka Ngcukaitobi warned that forceful deportation of Zimbabweans would lead to human tragedy. Said Ngcukaitobi:
<blockquote>
It’s an impractical thing. How is South Africa going to expel so many people on the first of July? How is this going to happen practically?
It’s completely averse for the minister to refuse to extend the benefits until the judges have decided what to do with this…
It’s a truly perverse position to adopt that you want a decision to be enforced even though you know the human tragedy that will underpin any massive migration of people.
This is not voluntary migration, this is going to be forced migration because it has to be executed by law.
</blockquote>
ZIF is asking the court for an interim interdict to prevent the ZEP system from ending on 30 June 2023, so that ZEP holders will not be at risk of being declared illegal foreigners.
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
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.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"ZEP Holders Now Deserve South African Permanent Residence Status"

A South African lawyer representing holders of the Zimbabwean Exemption Permit (ZEP) has argued that his clients will suffer irreparable harm should the Department of Home Affairs discontinue the scheme.
Advocate Thembeka Ngcukaitobi is representing 1 000 Zimbabwean nationals under the Zimbabwean Immigration Federation (ZIF) before a full bench in the Pretoria High Court.
ZIF is challenging the Department of Home Affairs’ decision to discontinue the ZEP programme.
Ngcukaitobi says the termination of the ZEP scheme will render the Zimbabwean nationals as illegal immigrants subject to arrest and forced deportation after the 30th of June this year. Said Ngcukaitobi:
<blockquote>
The simple question is, on the first of July 2023, what will happen to the 178 000 recipients of the ZEP programme?
What will happen to them?
It is common cause on the facts that overnight, they will be rendered illegal immigrants in South Africa.
That would mean either they deport themselves voluntarily but the facts show that they are unable to return to Zimbabwe for the reasons that will be articulated.
What it would then mean is that they would be liable to forced deportation.
Alternatively, they would be liable to arrest because they would have violated the provisions of the Act.
</blockquote>
Around 2008, thousands of Zimbabweans crossed the border into South Africa seeking better economic opportunities after the Zimbabwean economy had virtually collapsed.
South Africa then introduced the Dispensation of Zimbabwean Permit (DZP) to legalise Zimbabweans living and working in the country in 2009.
In 2014, the DZP was renamed the Zimbabwe Special Permit (ZSP). The name changed again three years later to Zimbabwe Exemption Permit or ZEP.
In September 2022, South Africa’s Department of Home Affairs extended the permit which was due to expire on December 31, for a further six months to June 30, 2023.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Zimbabwean Exemption Permit Holders Face Irreparable Harm, Says SA Lawyer

Lawyers representing South Africa’s Home Affairs Minister Aaron Motsoaledi on Wednesday said no rights will be taken away when the Zimbabwean Exemption Permit (ZEP) system comes to an end in June, reported <a href="https://www.groundup.org.za/article/zep-no-rights-were-taken-away-home-affairs-lawyers-tell-court/">GroundUp</a>.
The Pretoria High Court is hearing an application by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa to have the minister set aside the decision.
They are seeking the setting aside of the minister’s decision to terminate the ZEP system on 30 June 2023.
Advocate Ismail Jamie, counsel for the Minister of Home Affairs, told a full bench of the Pretoria High Court that there was no decision to terminate the ZEP system.
Rather, ZEP holders were given until June 2023 to regularise their stay in South Africa by applying for other visas or asking to be exempt from the expiration of the ZEP. 
Jamie said rights that were temporarily conferred in the first place had been allowed to lapse through the passage of time. He said:
<blockquote>
Just as the government was free to adopt (a visa exemption) policy in respect of Zimbabweans as it relates to the conditions prevailing in that country in 2008 and 2009, it is free to change that policy in 2023.
</blockquote>
Jamie said that consultation with ZEP holders will take place when ZEP holders apply for alternative visas or waivers.
Advocate Steven Budlender, for the Helen Suzman Foundation, argued that there was no consultation with affected parties either before or after the decision to terminate the ZEP system.
Jamie argued that it would be impractical to expect the government to have consulted 178 000 ZEP holders.
Budlender said Motsoaledi’s claim that it was impractical to get the opinions of 178 000 people as to how it would impact them was irrational, as this was standard procedure whenever legislation or policy is proposed by the government.
Around 2008, thousands of Zimbabweans crossed the border into South Africa seeking better economic opportunities after the Zimbabwean economy had virtually collapsed.
South Africa then introduced the Dispensation of Zimbabwean Permit (DZP) to legalise Zimbabweans living and working in the country in 2009.
In 2014, the DZP was renamed the Zimbabwe Special Permit (ZSP). The name changed again three years later to Zimbabwe Exemption Permit or ZEP.
In September 2022, South Africa’s Department of Home Affairs extended the permit which was due to expire on December 31, for a further six months to June 30, 2023.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

SA Home Affairs Minister's Decision On ZEP Does Not Take Away Their Rights - Lawyers

Almost one million Zimbabweans will be negatively affected by South Africa’s decision to discontinue the Zimbabwe Extension Permit (ZEP) scheme.
According to the Zimbabwean Exemption Permit Holders Association (ZEPHA), the number of permit holders is about 160 000, but each person has an average of three to four dependents.
The majority of ZEP holders face possible deportation before the June 2023 expiration of their work permits.
Matilda Tebogo (not her real name), a 35-year-old shopkeeper, told <a href="https://www.aljazeera.com/news/2023/4/10/why-is-south-africa-not-renewing-160000-zimbabwean-work-permits">Al Jazeera</a> that she was stressed about what lies ahead for her and her family.
Tebogo said she has been living and working in Cape Town for more than 10 years under the ZEP scheme and has two children attending school in the neighbouring country. She said:
<blockquote>
Everything is unclear and we don’t know what to do. My children know nothing about Zimbabwe. It will be difficult to leave.
</blockquote>
Around 2008, thousands of Zimbabweans crossed the border into South Africa seeking better economic opportunities after the Zimbabwean economy had virtually collapsed.
South Africa then introduced the Dispensation of Zimbabwean Permit (DZP) to legalise Zimbabweans living and working in the country in 2009.
In 2014, the DZP was renamed to the Zimbabwe Special Permit (ZSP). The name changed again three years later to Zimbabwe Exemption Permit or ZEP.
In September 2022, South Africa’s Department of Home Affairs extended the permit which was due to expire on December 31, for a further six months to June 30, 2023.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"One Million Zimbabweans Affected By ZEP Cancellation"

Zimbabwean ambassador to South Africa David Hamadziripi has denied accusations that the government is working on assisting ZEP holders to woo them to vote for ZANU PF in the upcoming general elections.
Addressing the media in Pretoria, South Africa on Thursday, Hamadziripi said the embassy will assist those who want to return home and will provide transport for them. He said, as quoted by <a href="https://www.sabcnews.com/sabcnews/helping-zimbabwean-permit-holders-not-a-political-ploy-ambassador/">SABC News</a>:
<blockquote>
This exercise it has absolutely nothing to do with the upcoming elections in Zimbabwe.
It is not the government of Zimbabwe that took the decision that the ZEP is going to end on the 30th of June.
I think it’s typical cynicism translating everything into a political gamble. No, we are talking about people’s lives here.
</blockquote>
Hamadziripi also said he didn’t know how many undocumented and documented Zimbabweans were living in South Africa. He said:
<blockquote>
We don’t process entry into South Africa. Documented and undocumented Zimbabweans enter South Africa through various ports of entry.
South Africa doesn’t share with us the number of documented and documented compatriots.
</blockquote>

Helping Zimbabwean Permit Holders Not Politically Motivated - Ambassador

The Embassy of Zimbabwe in Pretoria on Thursday launched a mapping exercise in anticipation of the return of tens of thousands of Zimbabwe Permit holders from South Africa.
The mapping exercise, which was launched by Zimbabwe’s ambassador to South Africa, David Hamadziripi, will be in two phases.
The first phase will entail online registration, while the second phase will be for in-person registration.
A statement issued by the Embassy of Zimbabwe in Pretoria on 02 February 2023, reads:
<blockquote>
It will be recalled that on 29 November 2021, the government of the Republic of South Africa announced that it was not renewing the Zimbabwe Exemption Permits (ZEP) which were then due to expire on 31 December 2021. 
It gave the ZEP holders a one-year grace period, up to 31 December 2022 to apply for waivers or for other visas. 
Subsequent to that announcement, the Minister for the Department of Home Affairs, announced on 2 September 2022 that the validity of the ZEP had been extended to 30 June 2023.
Since the announcement of the decision by the government of South Africa to not renew the ZEP, the government of Zimbabwe has stated, on numerous occasions, its readiness not only to welcome but also to facilitate those ZEP holders who wish to return to Zimbabwe.
In order to adequately prepare to do so, the Embassy and the Consulates of Zimbabwe will be conducting a mapping exercise to identify and register ZEP holders who wish to return home. 
The mapping exercise will be conducted in the course of February and March 2023, across all the Provinces of South Africa. 
This exercise is composed of two parts, the first being an online registration, while the second part involves physical visits by multisectoral teams to designated areas across South Africa. 
The teams will comprise officials from the Embassy, the Consulates and several government Ministries.
<h2>Phase 1</h2>
The first phase will entail an online registration where those who wish to be assisted are invited to register their details on that platform. 
The online registration will be open from 02 February to 03 March 2023. The details of the registration are as follows:
1. Link for registration
<a href="https://my.forms.app/form/63d6907a67afd02358f7346d">https://my.forms.app/form/63d6907a67afd02358f7346d</a>
2. Contact numbers, WhatsApp only:
Embassy in Pretoria: +27 637126156
Consulate in Johannesburg: +27 828249435
Consulate in Cape Town: +27 699116717
<h2>Phase 2</h2>
On dates to be announced soon, registration centres will be opened across South Africa for in-person registration.
The Embassy takes this opportunity to remind Zimbabwean nationals living in South Africa to be law-abiding citizens and respect the laws of the land.
</blockquote>

Embassy of Zimbabwe In SA To Register ZEP Holders

The Zimbabwe School Examinations Council (ZIMSEC) says school-going children of Zimbabwe Exemption Permits (ZEP) holders are expected to produce valid examination results when they return to Zimbabwe.
The examination results will be measured using the qualification equivalence grade conversion system so that they can be admitted to further their education.
For learners who may not have sat for examinations yet in South Africa but want to return to school in Zimbabwe, they will be assessed at the school level by the Ministry of Primary and Secondary Education.
ZIMSEC public relations manager Nicky Dlamini said admittance into primary and secondary education will be measured by syllabus coverage of the learners from South Africa which will determine where they will be placed to continue with their education before they sit for public examinations. She said:
<blockquote>
The grade conversion is what is termed ‘Qualifications Equivalence’. This is a process where candidates have their grades equated to the grading standards of the country in which they wish to continue their education.
For instance, candidates would need to get an equivalence of their Matric to Zimsec qualifications so as to know which level they have attained according to the educational system in Zimbabwe.
All examination boards have a standard that they abide by when conducting equivalence.
The syllabus of the country of origin and the syllabus of the country in which they wish to study are compared and contrasted. The assessment models and instruments are also used.
These standards are according to assessment standards set and regulated by the Southern African Association for Education Assessment (SAAEA), Association for Education Assessment for Africa (AEAA), and the International Association for Education Assessment (IAEA).
</blockquote>
Dlamini said parents and guardians will be required to pay Equivalence of Qualifications which costs US$15 and is payable in local currency at the interbank rate of the day.
The process takes a maximum of 48 hours and learners must provide their original certificates awarded by the examining board.
Zimbabwe is expecting to receive tens of thousands of citizens in the coming months from South Africa when their ZEP permits expire. | <a href="https://www.sundaynews.co.zw/zimsec-clarifies-guidelines-for-learners-from-south-africa/">The Sunday News</a>

ZIMSEC Speaks On Guidelines For Learners From South Africa

Zimbabwean Exemption Permits (ZEPs) holders who applied for waivers are anxiously waiting for a response from the South African government, with just five and a half months remaining before the permits expire.
Visumuzi Sibanda, who is the leader of the African Diaspora Global Network, a migrant-rights organisation located in South Africa, claimed that the SA government has hitherto said nothing further about the extension or responded to new applications. Said Sibanda:
<blockquote>
The major news we had was in October when the court hearing to challenge the termination (launched by the Helen Suzman Foundation) was postponed to the beginning of February this year after the Minister of Home Affairs said they still need more time to prepare.
According to the Minister of Home Affairs, less than 9 000 people in total made applications for either waivers or mainstream permits.
But up to date, since people started applying in 2021, they have not received any decision whatsoever.
The Department of Home Affairs has not said anything.
</blockquote>
Sibanda said applying for new permits is challenging for ZEP holders as South Africa’s regulations state that applicants must have scarce skills to be granted permits. He said:
<blockquote>
People were told they need to apply for mainstream visas so those that qualify should stay, meaning people can apply for work visas.
Applying for a work visa ideally means one has scarce skills but according to the new rules and regulations, it doesn’t mean you must only have a scarce skill but have a permanent job and a company that has offered the permanent job.
That company must have also advertised that job and found nobody in South Africa who can fill in that particular position.
This is the main visa that people must qualify for because the general visa no longer exists in South Africa unless one has a relative visa, where you’ve been married in South Africa.
</blockquote>
Sibanda said the extension announced by the South African government was verbal and published in a gazette but was not reflected on the holders’ passports.
As a result, the ZEP holders do not have proof at hand that they are legally residing in South Africa. He said:
<blockquote>
If you are arrested the matter may be postponed for seven days so that Home Affairs can ascertain whether your permit is valid or not.
Some people are losing their jobs because employers now cannot keep them in employment when they don’t see any valid visa and because of the new laws from the Department of Labour that prohibit the employment of foreigners.
</blockquote>
He added that some banks are holding onto money belonging to ZEP holders and will not release the money, demanding that Zimbabwean nationals bring valid passports. |<a href="https://cite.org.zw/zimbabweans-in-sa-in-limbo-over-zeps-waiver-applications/"> CITE</a>

ZEP Holders Anxious Over South Africa's 'Silence' On Waiver Applications

The Government says it is ready to absorb children of Zimbabwe Exemption Permit (ZEP) holders into the country’s education system when they eventually return home in the coming months.
More than 170 000 Zimbabweans are holders of ZEP issued by South Africa in 2017 which will expire at the end of June this year.
Primary and Secondary Education ministry spokesperson, Taungana Ndoro, on Monday said they have systems in place to integrate children formerly learning in other countries to fit into the local schooling system. Ndoro said:
<blockquote>
Our sector has always been absorbing learners from different countries who are in various grades.
These learners could be coming from African countries or any other country around the world.
Remember, one of our mandates is to provide access to all learners — be it formal or non-formal education.
As such, we have systems in place in our sector to assess the level of learners from other countries so that we place them in appropriate levels or grades.
That has been going on for a long time. So, the affected children from South Africa are most welcome to our sector.
We would like to assure parents, especially those who could be coming back home following the expiry of ZEP, that their children are most welcome to the sector and the ministry will do everything it can to accommodate all the affected learners.
</blockquote>
In November 2021, the South African Cabinet announced it will not make further concessions for the ZEP holders.
It then gave them a grace period of up to 30 June 2023 to migrate to other mainstream permits. | <a href="https://www.herald.co.zw/zim-schools-ready-to-absorb-children-of-zep-permit-holders/">The Herald</a>

Govt Says Schools Are Ready To Absorb Children Of ZEP Holders

Thousands of Zimbabwean parents whose Zimbabwean Exemption Permits (ZEPs) are set to expire in June 2023 and have failed to acquire other permits to continue residing in South Africa are worried about their children’s transition from schools in South Africa.
GroundUp spoke to several Zimbabwean families who were affected by the discontinuation of the ZEP and they indicated that they have started making arrangements to move to Zimbabwe.
Parents who spoke to the publication said there are major differences between the education systems in Zimbabwe and South Africa.
Melody Chaurura, the Zimbabwean Consul-General in South Africa, said that they are still consulting government departments in both countries to address the issue.
The Politeness Foundation, which was formed in Zimbabwe in 2018 to empower people living with disabilities, expects more than 5 000 children to be accommodated in Zimbabwean schools in 2023.
Founder of the Politeness foundation, Polite Mbowa, said they are appealing to the Zimbabwean government to allow learners [relocating from SA] to proceed to the next grade following assessments of the learner’s ability.
Union of Zimbabwean Educators Western Cape said that about 180 of its 250 members have indicated that they are willing to return to Zimbabwe but most of them fear that they won’t find jobs. Union chairperson, Jack Mutsvairo, said:
<blockquote>
The Zimbabwean government should be specific on how it is going to assist returning residents. At the moment it is just promising to assist. There should be something published.
This should include how learners are going to be integrated into the Zimbabwean education system. At the moment returnees are not sure of the fate of their children.
</blockquote>
Last year the South African government announced that after 12 years it is now scrapping the ZEP.
The ZEP permit was to expire at the end of December 2022, leaving almost all of the nearly 180 000 permit holders undocumented. |<a href="https://groundup.org.za/article/no-clear-plan-for-state-assistance-to-families-voluntarily-returning-to-zimbabwe/"> GroundUp</a>

Zimbabwean Parents Worried About Children's Move From Schools In South Africa

Thousands of Zimbabwean nationals residing in South Africa whose special permits expire at the end of this year can now bring back all their belongings duty-free, including one vehicle, a Cabinet minister has said.
Addressing journalists during a post-Cabinet briefing in Harare on Tuesday, Information minister Monica Mutsvangwa said there are no limits to personal property that one can bring back home. She said:
<blockquote>
The Zimbabwean Government has issued guidelines and regulations for returning residents which include one duty-free vehicle and no limits to personal property.
Government has also engaged the South African government, emphasising that Zimbabwe is ready to receive its returning nationals, who should comply with the relevant South African laws.
</blockquote>
Zimbabwe expects tens of thousands of its nationals to be deported from South Africa following the expiry of Zimbabwe Exemptions Permits (ZEP) which South Africa had granted them.
Zimbabwean ZEP holders in South Africa were given up to 31 December 2022 to regularise their stay or face deportation. SA later extended the permit’s validity to June 30 of next year.
Mutsvangwa added that Cabinet had agreed to establish an inter-ministerial committee that would be supported by sub-committees that would look at the provision of transport and logistics, security, documentation, re-integration support, resource mobilisation, information and publicity as well as health and education.
About 189 000 Zimbabweans held the ZEPs and the bulk of them face deportation after failing to get fresh permits under other schemes.

Govt Extends Duty-free Facility To Citizens Returning From South Africa

Zimbabwean teachers in the Western Cape, South Africa, have welcomed the extension of the Zimbabwean Exemption Permits (ZEP) by the South African government.
SA Home Affairs Minister Aaron Motsoaledi recently told the country’s Parliament that he had extended the ZEPs by another six months to 30 June 2023 after being advised by senior counsel.
Meanwhile, the Zimbabwean teachers have called for the relaxation of visa requirements and affordable waivers which currently cost R6 000, a figure they consider too high.
Union of Zimbabwe Teachers Western Cape spokesperson Jack Mitsvairo said the extension has brought relief to teachers.
He said the alternative visas disqualified teachers with primary school qualifications and those who taught English, Geography and History. Added Mutsvairo:
<blockquote>
A lot of us have been working as teachers here for 15 years. We pay taxes and we are not a drain on the fiscus at all.
Our appeal to the government is to look at professionals who have employment contracts that are more than five years. These people should get permits of some sort.
</blockquote>
| <a href="https://www.iol.co.za/capeargus/news/teachers-welcome-extension-of-zimbabwean-exemption-permits-call-for-waivers-b1e42337-fe47-4281-b835-ce3377b8408c?__cf_chl_tk=uLi5YVlaqx_yFxvF6SQMKEikzpQ_bQCoevevxfEIgDk-1663306615-0-gaNycGzNEP0">IOL</a>

Zimbabwean Teachers Welcome ZEP Extension, Call For Waivers

Some Zimbabweans trying to leave South Africa at the Beitbridge border are being stopped from returning, by border guards, because they do not have valid documents, reported <a href="https://groundup.org.za/article/home-affairs-silent-over-treatment-of-zimbabweans-at-beitbridge-border/">GroundUp</a>.
Those who spoke to the publication said they eventually crossed the border through unofficial routes.
An informal trader who spoke to GroundUp said she had decided to return home due to xenophobia in South Africa. She said:
<blockquote>
I cannot stand the current wave of vigilantism in South Africa. The only possible option is to go back home to Zimbabwe.
The wave [of xenophobia] seems to be spreading to all provinces. It’s better I leave before this life-threatening situation is upon us.
</blockquote>
She said she used to travel home almost every two weeks to visit her two children.
<blockquote>
But since 2011, as the situation in Zimbabwe continued to deteriorate, she decided to stay in South Africa and run her informal business.
</blockquote>
She said wants to return home but cannot do so under the new border rules. She said:
<blockquote>
We are ordered to go back to South Africa, but if we go back, we risk being arrested. We are really stuck.
</blockquote>
South Africa recently introduced 200 armed Border Management Authority (BMA) guards in Musina, Limpopo.
The guards are deployed at five “identified vulnerable parts” of the border and work with members of the South African National Defence Force (SANDF).
Meanwhile, 178 000 Zimbabwean Exemption Permit (ZEP) holders will be deemed illegal migrants in South Africa if they fail to regularise their stay in the country before the expiry of the six-month extension on 30 June 2023.
The ZEP permit was to expire at the end of December 2022 before it was extended by another six months but many families are still opting to voluntarily return to Zimbabwe.

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