South Africa’s Ministry of Home Affairs has extended the deadline for visa and permit holders whose documents expired in March because of delays in processing applications.
The new deadline is 30 September, giving temporary relief to thousands of foreign nationals, including Zimbabweans, waiting for their immigration status to be finalized.
Home Affairs Minister Leon Schreiber announced the extension on Tuesday through Immigration Directive Number 4 of 2025.
This directive allows a temporary solution for foreign nationals affected by delays in processing visa appeals and manual applications.
The extension is especially important for holders of the Zimbabwe Exemption Permit (ZEP), as many Zimbabweans are uncertain about their legal status in South Africa.
Schreiber acknowledged that despite efforts to fix the backlog, many visa applications remain unprocessed due to administrative delays. Said Schreiber:
<blockquote>
The Department of Home Affairs has, since issuing Immigration Directive No. 16 of 2024, dated 18 December 2024, been working to clear the backlog in its visa and permitting regime.
However, many applications will not be ready for collection before the deadline of 31st March 2025, as stipulated in the previous concession, primarily due to delays in the printing process.
Furthermore, the processing of the resultant appeals, as well as some manual category applications, will not be completed by the expiry of the current concession and is now the department’s primary focus.
</blockquote>
The extension will give the Department of Home Affairs more time to process applications and allow applicants to collect their results and submit applications for the right visas.
Schreiber added that applicants who want to cancel their waiver applications and leave South Africa before 30th September will not be considered undesirable under immigration laws.
Visa holders waiting for their waiver application results can travel in and out of South Africa without being considered undesirable until 30th September 2025.
However, non-visa-exempt applicants with pending waiver applications must apply for a port of entry visa before returning to South Africa.
The minister also clarified that the extension applies to long-term visa applicants, but they must still follow the conditions of their visas. He said:
<blockquote>
The extension also applies to visa holders who have applied for long-term visas, as outlined in Section 11(1)(b) of the Immigration Act, up to and including Sections 20 and 22 of the Act, and whose visa application is still pending as of the date of this directive.
</blockquote>
Schreiber clarified that the temporary concession does not apply to those waiting for permanent residence approval. These applicants must keep their stay legally valid while awaiting approval.
The measures apply only to foreign nationals who are legally in South Africa and have submitted applications through VFS Global, with a verifiable receipt from the VFS tracking system.
More: <a href="https://www.chronicle.co.zw/sa-extends-visa-permit-deadline-for-zimbabweans/">Chronicle</a>

Pindula News

South Africa is giving more time to people whose visas expired in March because of delays. Now, they have until September 30 to sort things out. The government wants to process applications faster. If you applied for a visa, you can still stay in South Africa even if it hasn't been decided yet. But if you are waiting for permanent residence, you must follow the rules until you get approval. This deadline extension helps people who are waiting for their visa results and allows them to travel in and out of the country without trouble.

South Africa Extends Visa Deadline For ZEP Permit Holders

The Zimbabwe Exemption Permit Holders Association (ZEPHA) accuses South Africa’s Department of Home Affairs (DHA) of blocking ZEP holders from applying for permanent residence, despite them having lived, worked, and paid taxes in South Africa for many years, as allowed by the Immigration Act.
In a memo sent to the Zimbabwean ambassador to South Africa, David Hamadziripi, ZEPHA details specific instances of discrimination that it claims have been happening, including:
<ul>
<li>Traffic authorities have flatly refused to renew the driving licences of several ZEPHA members and then set up roadblocks searching for foreigners without licences;</li>
<li>Police raids have increased in communities where Zimbabweans are concentrated;</li>
<li>ZEP holders’ bank accounts have been frozen, or put on hold, by banks because their ZEP permits were deemed invalid;</li>
<li>SA law enforcement has been stepped up at companies employing Zimbabweans, and this campaign of harassment has resulted in many employers terminating the employment of Zimbabwean workers;</li>
<li>Dismissed Zimbabwean workers have had their Unemployment Insurance Fund and pension fund payments withheld;</li>
<li>Children of ZEP permit holders have been prevented from writing exams because they lack study visas; and</li>
<li>There are numerous recorded instances of Zimbabweans, including pregnant women, being denied treatment at SA hospitals.</li>
</ul>
In 2023, the Gauteng High Court ruled that the Department of Home Affairs’ decision to end the ZEP programme was unlawful and unconstitutional. The court ordered the government to engage with the ZEP community.
ZEPHA argues that, although the programme was extended until the end of 2025, many applicants for permanent residence will not be able to meet the deadline.
ZEP holders must book online appointments with the visa processing company VFS, but many have waited four months or more without receiving an appointment. As a result, their applications will not be processed before the programme expires at the end of the year.
ZEPHA said that no one can reach their full potential in such a toxic environment, which is the reality for Zimbabweans in South Africa.
The organisation has appealed to the Zimbabwean government to help speed up a program for voluntary return home. The memo concludes:
<blockquote>
History has taught us that the return of significant numbers of the diaspora back to their country of origin, in various jurisdictions at various times, has led to economic development, transfer of skills, diversity of industry, and national pride.
</blockquote>

ZEPHA is upset with South Africa's DHA for not letting ZEP permit holders apply for permanent residence. They say ZEP holders have faced discrimination and problems like not renewing driving licenses, bank accounts freezing, and police raids. The Gauteng High Court says ending the ZEP program was wrong, but many can't apply for residence before it ends. ZEPHA wants Zimbabweans to return home for a better environment. They believe it will help Zimbabwe's economy and bring skills and diversity.

ZEPHA Accuses South Africa’s DHA Of Frustrating ZEP Permit Holders

The Zimbabwe Exemption Permit Holders Association (ZEPHA) has appealed to the Zimbabwean government for assistance in fast-tracking a voluntary return programme due to the increasingly difficult conditions faced by many of its members living in South Africa.
There are approximately 178,000 people holding Zimbabwe Exemption Permits (ZEPs) in South Africa, including both permit holders and their dependent family members.
A memo sent by ZEPHA to the Zimbabwean ambassador to South Africa, David Hamadziripi, seen by <a href="https://www.moneyweb.co.za/news/south-africa/help-bring-us-home-zimbabwean-permit-holders-say-life-in-sa-has-become-intolerable/">MoneyWeb</a>, reads in part:
<blockquote>
Zimbabweans are now forced to litigate when they go to the hospital, schools, universities, travel on the roads, and at the workplace.
</blockquote>
ZEPHA adds that it has already launched a repatriation programme, but would like the Zimbabwean government’s help in assisting with the relocation of thousands of ZEP holders in finding accommodation and business opportunities, and to assist in lowering regulatory barriers to smooth their return. Reads the memo:
<blockquote>
Many South Africans believe that Zimbabweans are hapless ZANU PF victims useful only for their highly sought-after cheap, efficient, and trustworthy labour.
Their assistance for Zimbabwean staff extends only to prolonging exploitation, but not to provide Zimbabweans with the rights required to live full and dignified lives.
In my view, they have no interest in the stability of Zimbabweans in South Africa, and the generations that will follow.
</blockquote>
According to the memo, the majority Black population in South Africa blames Zimbabweans for taking jobs, housing, healthcare, and economic opportunities, leading to the rise of vigilante groups targeting Zimbabweans with violence, robbery, and even murder, with little prosecution of perpetrators.
Xenophobia has been fueled by political parties like the Patriotic Alliance, MK Party, and ActionSA, while groups such as Operation Dudula and Put South Africa First have specifically targeted Zimbabweans.
These attacks often intensify during elections and national crises like COVID-19 and load shedding. The memo adds:
<blockquote>
The white minority blames ZANU-PF for ruining the Zimbabwean economy and forcing its citizens to flee to SA to avoid poverty, political persecution and maladministration.
The mainstream media, which they control, have successfully sold the South African population the idea that Zimbabwe is a failed state, which will never recover without them, and that it stands as an example of what could happen to South Africa if their interests are not protected.
</blockquote>
ZEPHA says the abuse of Zimbabweans in South Africa has caused significant psychological and emotional harm to the entire Zimbabwean community in the country.

Zimbabweans living in South Africa are facing many problems. They are being mistreated and blamed for taking jobs and resources. Many are even attacked and killed by violent groups. The Zimbabwe Exemption Permit Holders Association wants the Zimbabwean government to help them return home because life has become unbearable in South Africa. They say the abuse and discrimination have hurt them emotionally and mentally. They are asking for help in finding housing, jobs, and support to start over in Zimbabwe. The situation is very bad and dangerous for Zimbabweans in South Africa.

ZEP Permit Holders Say Life In South Africa Has Become Unbearable

Zimbabwean Exemption Permits (ZEP) holders have found their Capitec bank accounts in South Africa closed, leaving many uncertain about their financial future.
According to Ngqabutho Mabhena, the chairperson of the Zimbabwe Community in South Africa, the closure of accounts has impacted many Zimbabweans living in South Africa, who rely on these accounts for day-to-day financial transactions and remittances to their families in Zimbabwe.
On November 28, 2024, just as the ZEP was set to expire, South African Home Affairs Minister Leon Schreiber announced that the validity of the permits would be extended for an additional 12 months, until November 28, 2025.
This decision provided relief to thousands of Zimbabweans living in South Africa under the ZEP status, allowing them more time to adjust their status or make alternative arrangements.
Despite the government’s extension of the ZEP validity, the closure of bank accounts has raised questions about the interpretation of the extension and the treatment of Zimbabweans living in South Africa.
In his statement, Mabhena called on permit holders to take directive 15 of 2024 to their branches so they can receive assistance.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Capitec Bank in South Africa closed the bank accounts of Zimbabwean Exemption Permit (ZEP) holders. This has affected many Zimbabweans who rely on these accounts for money transactions. The South African government extended the ZEP validity for 12 months, giving relief to those affected. Despite this, the closure of bank accounts is causing confusion. The chairperson of the Zimbabwean Community in South Africa, Ngqabutho Mabhena, is urging permit holders to go to their bank branches for help. Many Zimbabweans are worried about their financial future due to this situation.

Capitec Bank Closes Bank Accounts Of ZEP Holders

The South African government has extended the validity of Zimbabwe Exemption Permits (ZEPs) until November 28, 2025.
Previously, ZEP holders were required to apply by Friday, November 29, 2024, for a one-year exemption that would allow them to stay and work in South Africa until November 2025, or face deportation.
However, the ZEP Holders Association (ZEPHA) raised concerns that the backlog at the Department of Home Affairs (DHA) made it impossible for many holders to meet the application deadline.
In response, South Africa’s Minister of Home Affairs, Leon Schreiber, granted a reprieve to ZEP holders by extending the permits for an additional year.
Schreiber announced the extension in a notice issued Friday, explaining that the extra time would allow for further consultation with ZEP holders and other stakeholders regarding the future of the current arrangement. Reads the notice:
<blockquote>
1. I, Dr L. A. Schreiber, MP, Minister of Home Affairs, with the powers bestowed upon me in terms of section 31(2)(b) of the Immigration Act, (“Immigration Act”) have decided to extend the validity of the Zimbabwean Exemption Permits (“ZEP”) until 28 November 2025 in order for me to fulfill the duty placed on me by the Gauteng High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation.
2. The reactivation of the Immigration Advisory Board (“IAB”) is currently underway and its first task will be to consider, advise and enable the steps required for compliance with the Order of the High Court on the future of the ZEP. In order to give the IAB time to properly do its work, and a fair process to be followed, I direct that:
2.1 existing ZEPS shall be deemed to remain valid for the next (12) twelve months;
2.2. no holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate;
2.3. the holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa in terms of section 9 of the Immigration 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 not having a valid visa endorsed in his or her passport; and
2.4.no ZEP holder should be required to produce a valid exemption certificate, visa or an authorisation letter to remain in the Republic as contemplated in section 32(1) of the Immigration Act when making an application for any category of the visa for a temporary sojourn in the Republic as contemplated in section 10(2) of the Immigration Act.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

The South African government is letting people from Zimbabwe stay and work in South Africa until November 2025 with a special permit called Zimbabwe Exemption Permits (ZEPs). They extended the deadline for applying for this permit because many people couldn't do it on time. The Minister of Home Affairs in South Africa said they are giving more time to talk to the people who have this permit and others to decide what to do next. This means no one with a ZEP will be deported, and they can still enter and leave South Africa for the next year without any problems.

South Africa Extends Zimbabwe Exemption Permits (ZEPs) By Another Year

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>

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

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

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>

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