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Zimbabwean immigrants residing in South Africa have filed a criminal complaint against the incoming Minister of Sport, Arts and Culture, Gayton McKenzie, alleging “incitement of xenophobic violence, hate speech and intimidation.”
The complaint was submitted on Monday at the Sandton Police Station by Advocate Simba Chitando, acting on behalf of the Zimbabwean Exemption Permit Holder Association (ZEPHA), according to a report by <a href="https://www.moneyweb.co.za/news/south-africa/group-lodges-hate-speech-criminal-complaint-against-gayton-mckenzie/">Money Web</a>.
The complaint accuses McKenzie, who leads the Patriotic Alliance party, of inciting South African citizens to “murder vulnerable foreign nationals in hospital and, by implication, outside hospital”. It says:
<blockquote>
McKenzie intentionally, for admitted political reasons, communicated his desire to harm foreign nationals receiving treatment in South African hospitals in a manner that could cause their death, in public broadcasts on national television.
</blockquote>
The complaint adds that this violates the Prevention and Combatting of Hate Crimes and Hate Speech Act.
<blockquote>
McKenzie’s 2022 threat to personally switch off foreign nationals’ oxygen machines in hospitals was widely quoted in the South African press.
</blockquote>
The complaint cites remarks made by McKenzie shortly after a video of then-Limpopo Health MEC Phophi Ramathuba went viral.
In the video, Ramathuba, now the Premier of Limpopo Province, is shown verbally confronting a Zimbabwean patient for seeking treatment in South Africa rather than staying in Zimbabwe.
Ramathuba claimed that foreign nationals were overburdening the healthcare system in Limpopo Province.
Speaking to eNCA later, McKenzie said:
<blockquote>
If there is a South African, Zimbabwean and Mozambican patient on oxygen and I see a South African patient born and bred in SA, I will turn the oxygen off so that the South African can live.
</blockquote>
In response, the Progressive Health Forum (PHF) called for criminal sanctions against those who incite violence.
PHF convener Dr Aslam Dasoo told News24 that the comments made by both Ramathuba and McKenzie amounted to the “language of ethnic cleansing and genocide.”
In its latest complaint, ZEPHA has urged the South African Police Service (SAPS) and the National Prosecuting Authority to take legal action against McKenzie over his alleged xenophobic hate speech and incitement to violence.
ZEPHA warned that failure to do so would constitute a breach of the United Nations Durban Declaration against racism and xenophobia, as well as violate South Africa’s domestic legislation and Constitution.
Responding to a recent TimesLIVE article by Chitando threatening McKenzie with prosecution – if not in SA then by the International Criminal Court, McKenzie wrote on X:
<blockquote>
He (Chitando) is smart because he has very good reason to be concerned about my inclusion [in the cabinet]. I would rather walk away than forgetting [sic] my main mandate which is mass-deportation. Parliament will know our chant “Abahambe” (they must go).
</blockquote>
In its complaint, ZEPHA has accused McKenzie, a former criminal-turned-politician, of violating the Intimidation Act through his hateful comments targeting Zimbabweans, which they allege amount to incitement to violence. It said in the complaint:
<blockquote>
For the above reasons, there is overwhelming evidence that McKenzie MP is guilty of the criminal offences of incitement of violence, hate speech and intimidation, which are serious criminal offences,” reads the complaint.
I expect the SAPS and NPA to fulfil their connotational mandate and hold McKenzie accountable for his unlawful and criminal conduct, which could cause widespread xenophobic violence and the murder of foreign nationals in the Republic of South Africa.
</blockquote>
Ahead of South Africa’s general elections held on May 29, 2024, McKenzie, the leader of the Patriotic Alliance (PA) party, took a hardline stance on the issue of illegal immigration.
McKenzie promised PA supporters that if the party came to power after the elections, all illegal foreign nationals would be deported back to their home countries.
He argued that illegal immigration negatively impacts South African citizens by affecting employment opportunities and other aspects of daily life.
The PA’s election manifesto stated that the party would utilize military personnel to assist the Department of Home Affairs in mass deportation efforts, to prevent deported illegal migrants from re-entering South Africa.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabweans Lodge "Hate Speech" Criminal Complaint Against SA’s New Sports Minister

Immigration specialist at Webber Wentzel, Bianca Rutherfoord-Jones, says there are alternative options for <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwean Exemption Permit (ZEP)</a> holders to remain in South Africa after the permits expire. She said:
<blockquote>
Some may apply for a study visa or a business visa. For Zimbabweans who have been in a good faith spousal relationship with a South African citizen or permanent resident may be eligible for a Relatives Visa in terms of section 18 of the Act. These are only a few permits still available to ZEP holders, provided they meet the qualifying criteria.
</blockquote>
However, these options are difficult to acquire. Zimbabweans have been queuing at home affairs offices for the past two months to regularise their stay in South Africa by applying for other forms of visas.
Home Affairs Minister, Aaron Motsoaledi, extended the deadline by six months to December 30 citing the approval of thousands of waiver applications for Zimbabwean nationals and a significant increase in the number of visa and waiver applications received by Visa Facilitation Centre (VFS Centre) Global on a daily basis. 
If ZEP holders fail to make an application before the new deadline, they will have to leave the country or face deportation. Rutherfoord-Jones warns that employers who hire foreigners should prepare themselves to face increased scrutiny by the Department of Employment and Labour and the South African Police Service through intensified inspections to crack down on noncompliance with labour and immigration laws after the extension period lapses.
There are several different permits available to Zimbabweans under the Immigration Act, depending on their circumstances. These include work visas, visitor’s visas, study visas, business visas, and relatives visas. However, Rutherfoord-Jones warns that these alternatives do not guarantee a positive outcome, and the best alternative solution is to wait for the high court’s ruling, which is yet to be made as judgment has been reserved.
Zimbabwean Trust Chapfujama, who has been living in South Africa since 2013 and working odd jobs, expressed nervousness about the expiry of ZEP as he is not eligible to apply for available visas. 
Advocate <a href="https://www.pindula.co.zw/Simba_Chitando/">Simba Chitando</a>, who brought an application on behalf of the Zimbabwean Exemption Permit Holders Association (ZEPHA) to challenge the cancellation of the permits, stated that the requirements for alternative permits are too stringent. He advised ZEP holders to wait for the high court’s decision or apply for permanent residency permits.
To apply for relevant permits and visas, applicants must complete an online application form, pay applicable fees, ensure that their documents are in order, and schedule a booking at a Visa Facilitation Centre (VFS Centre). A VFS receipt will be provided as proof of application, which will contain important information regarding the submission date, applicant name, surname, and reference number. Bianca Rutherfoord-Jones advises ZEP holders and their employers to take the necessary action before December 31 to avoid legal consequences associated with undocumented or unlawful presence in the country.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Alternative Options For ZEP Holders To Remain In South Africa

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

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

The South African government says it will not oppose a court application by representatives of children of Zimbabwe Exemption Permit (ZEP) holders who are in school.
Some schools in South Africa were preventing the learners from registering due to the uncertain legal status of their parents.
Last week, the ZEP Holders Association (ZEPHA) filed an urgent application in the Pretoria High Court claiming that children of ZEP holders, who had grown up and attended school in SA, were being denied registration at a number of schools in SA.
Cited as respondents were the ministers and departments of basic education and home affairs, as well as Rand Park High School in Johannesburg, one of several schools that has reportedly refused registration to children of ZEP holders. Said ZEPHA in a statement:
<blockquote>
After an exchange of correspondence with the schools and the government, it became apparent that the affected children cannot acquire a study permit, which is a requirement for registration, because their parents are ZEP holders, and the ZEP was terminated on 31 December 2021.
</blockquote>
The state attorney informed ZEPHA’s legal team on Friday that it would not oppose the urgent application, and had instructed Rand Park High School to enroll one of the students denied registration.
The state attorney asked that the matter be removed from the court roll, but ZEPHA has refused.
ZEPHA said it wants the court to make an order that provides blanket protection for all affected students.
Advocate Simba Chitando, who is representing ZEPHA in this case, said:
We’re obviously happy that the government has wisely decided not to oppose this application in court.
<blockquote>
Our instructions are to proceed for an order of court that will assist all affected ZEP children, and not just a few.
Unfortunately, there is widespread xenophobia in South Africa, even in the administrative bodies of academic institutions, coupled with confusion as to the legality of registering students without a study permit, for no fault on the part of the affected children, which is a matter that can only be resolved for the benefit of the public by a binding court order.
</blockquote>
The decision by the SA government not to oppose the urgent application is seen as a major victory for the rights of ZEP holders in SA. | <a href="https://www.moneyweb.co.za/news/south-africa/reprieve-for-zimbabwean-students-denied-school-registration-in-sa/">Moneyweb</a>

Reprieve For Zimbabwean Learners Denied School Registration In South Africa

The <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwe Exemption Permit</a> Holders Association (ZEPHA) has made a fundraising campaign to support its legal action which seeks to protect the rights of children whose parents are ZEP holders.
ZEPHA is asking the public for financial contributions in order to fund its High Court application, which will be heard in Pretoria on January 24, 2023.
This week, ZEPH announced in a statement seen by <a href="https://www.newsday.co.zw/local-news/article/200006340/sa-based-zimbos-appeal-for-legal-fees">NewsDay</a> that it lacked the resources to pay for the legal action against the South African Home Affairs ministry. Read the statement:
<blockquote>
Zepha does not have the benefit of a budget anywhere near that of the South African government for litigation. According to the reports from the parliamentary committee, the Home Affairs minister budget is several billion rand. We hereby call upon members of the public who are prepared to assist Zepha with donations of any value to get hold of us urgently.
Several Zimbabwean children, eligible to write the 2023 Matric examinations in South Africa, have been denied registration because of their parents’ legal status in South Africa. This is a cruel, inhumane and unconstitutional denial of Zimbabwean children’s right to complete their education.
Zepha has been involved in ongoing litigation over several years against the South African government to protect rights of Zep holders. Our legal challenge against Immigration Directive 10 of 2021, which attacked the Zep bank accounts, set down for December 14, 2021, led to the withdrawal of that directive on December 13, 2021. Our legal challenge against the decision to end Zimbabwean exemptions shall be heard between April 11, 2023 and April 14, 2023.
</blockquote>
The SA Cabinet decided late last year not to renew ZEPs, stating that ZEPs holders must apply for a special visa system or risk being deported when the 12-month grace period expires in December 2022. Later, the deadline was moved up to June of 2023.
<a href="https://www.pindula.co.zw/Simba_Chitando">Simba Chitando</a>, an attorney for ZEP holders, stated that the major lawsuit involving the ZEP right to residency would not be heard on the urgent roll but rather on the regular roll.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Organisation Representing ZEP Holders Appeals For Funding

The <a href="https://news.pindula.co.zw/2022/01/03/zimbabwe-embassy-in-sa-distances-itself-from-zanu-pfs-position-on-permits/">Zimbabwean Embassy in South Africa distanced itself</a> from a statement issued by ZANU PF’s chairperson for Sandton Branch, South Africa which proposed the introduction of a Dr Motsoaledi Aviation Bill which will see South African air traffic passing over Zimbabwe being levied. Advocate Simba Chitando said the bill was in response to Motsoaledi’s attitude in addressing the Zimbabwean Exemption Permit issue. Pindula News presents Chitando’s statement:
<blockquote>
<h2>ZANU PF SANDTON BRANCH DISCUSSION: “THE DR MOTSOLEDI AVIATION BILL”</h2>
1. Pursuant to the Zanu PF Sandton Branch meeting on 23 December 2021; and the meeting between ZEP leaders and the Zimbabwe Ambassador to South Africa on the same day; Zanu PF Sandton Branch shall, in the terms provided for by the Constitution of Zanu PF, propose an aviation Bill for the consideration by the Zimbabwean people, at home and abroad, to assist ZEP holders in South Africa, Zimbabwean truck drivers, and victims of xenophobic violence in that country.
2. The following material facts motivate the proposal of the “Dr Motsoledi Aviation Bill”:
(a) Dr Motsoledi has, upon several occasions, when dealing with regional challenges involving Zimbabweans, publicly insulted senior members of the Zimbabwean government, and Zanu PF, including the First Secretary of Zanu PF, Commander in Chief of the Zimbabwean Defence Forces, and President of the Republic of Zimbabwe, His Excellency President Mnangagwa, and his ministers; 
(b) The Zimbabwean Ambassador to South Africa informed members of the ZEP community that Dr Motsoledi did not consult him, as had happened in the past, prior to decisions he made about the ZEP community, and is currently ignoring his communications; 
(c) Dr Motsoledi has instead sent correspondence to the populist organisations called “Put South Africa First” promising reprisals against ZEP holders, after members of “Put South Africa First” conducted widespread acts of xenophobic violence, targeting Zimbabwean nationals, which resulted in the death of several Zimbabweans, severe injury, and loss of property; 
(d) Dr Motsoledi emboldens xenophobic violence, through his support for xenophobic organisations, like “Put South Africa First”, who incite violence targeting Zimbabweans, which has led to the loss of life, severe injury, and destruction of property; 
(e) On 29 November 2021 Dr Motsoledi issued a directive, which sought to terminate the employment of thousands of ZEP holders, and close their bank accounts, if they did not meet an impossible deadline, which he then withdrew on 13 December 2021, before a legal challenge on 14 December 2021, and the damage done. The directive caused significant trauma to the Zimbabwean community, and panic;
(f) Dr Motsoledi has said that Zimbabwean truck drivers, in the transport business in South Africa should not operate, and has used legislative and executive power to stop their operations on the grounds that he is defending South African sovereignty; 
(g) There is no financial program for the return of hundreds of thousands of ZEP holders, and millions of ZEP holders’ family members indirectly affected by decision by Dr Motsoledi not to extend the ZEP; 
(h) The South African people have a right to exercise sovereignty over their territory. 
(i) The Zimbabwean people have a similar right to protect their sovereignty over their territory. 
3. The aviation bill, to be presented to Zanu PF Structures, seeks to do the following:
(a) Charge a “pollution levy” on all air traffic traveling over Zimbabwean air space departing or arriving at any airport within the Republic of South Africa; 
(b) Prohibiting any air traffic traveling over Zimbabwean air space departing or arriving at any airport within the Republic of South Africa, save for when the “pollution levy” has been paid, by aviation companies, to the Zimbabwean government;
(c) Create a fund, to be administered by the Zimbabwean Minister of Finance, for an estimated amount of over 10 Billion United States Dollars, to be raised by said pollution levy, aimed at providing for the return of ZEP holders, compensation of Zimbabwean truck drivers, victims of xenophobic violence in the Republic of South Africa, and planting of flora and fauna in areas in Zimbabwe negatively affected by pollution caused by South African air traffic over Zimbabwe; 
(d) Provide a tax holiday, and various other tax incentives, for foreign aviation companies who arrive and depart from Zimbabwean airports, to alleviate the financial burden on foreign aviation companies from arrivals and departures from South African airports; 
(e) Reduce all levies on aviation companies who arrive and depart from Zimbabwean airports.
4. According to Section 20 (4) of the Constitution of Zanu PF, members have a right to: “make representations to any officer or organ of the Party in respect of any matter which affects his or her rights as a member”. This includes the material facts motivating the Dr Motsoledi Aviation Bill mentioned above, and Section 11 of the Constitution of Zanu PF, which provides “conditions for economic independence, prosperity and equitable distribution of the wealth of the nation” for the benefit of all Zimbabweans, including ZEP holders, and Zimbabwean truck drivers targeted for economic exclusion from the regional economy.
5. The Dr Motsoledi Bill has no punitive agenda. It merely seeks: “to preserve and defend the sovereignty and independence of Zimbabwe” as provided for by Section 8 of the Constitution of Zanu PF.
6. Zimbabwean air space is part of its territory and must be protected and preserved from unfair exploitation. “The Dr Motsoledi Aviation Bill” seeks to protect Zimbabwean air space, and preserve Zimbabwe’s economic objectives, which include promoting the rights of ZEP holders, Zimbabwean truck drivers, and victims of xenophobic violence.
7. The Dr Motsoledi Bill, or even the public debate of the Bill, is not intended to increase the cost of aviation in South Africa, or negatively affect South African tourism, or the cost of imports/exports by air in that territory, and potentially South Africa’s international credit rating. The recent conduct by Dr Motsoledi leaves no doubt that this is an expense the South African economy can afford to reach Dr Motsoledi’s agenda.
8. The Bill will be presented on or before 31 December 2022, and work on the Bill will commence on 1 January 2022. Once complete, a poll shall be conducted on the intended Bill amongst Zimbabwean citizens before it is put before Zanu PF structures for consideration. The proposed Bill is not official Zanu PF policy, but merely a discussion on one of various ideas to meet Zimbabwe’s regional challenges.
9. Zimbabwe and South Africa enjoy excellent relations, and we look forward to further cooperation. 
Pamberi Ne Zanu PF 
Adv Simba Chitando 
Chairperson Zanu PF Sandton Branch South Africa
</blockquote>
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

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