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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

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

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

The expiry of the Zimbabwe Exemption Permit (ZEP) on 30 June 2023 will result in tens of thousands of Zimbabweans being forced to return home from South Africa.
This will force thousands of Zimbabwean schoolchildren to leave South Africa and enroll at local schools.
Last month, a full bench in the Gauteng High Court in Pretoria reserved its judgement in the case brought by the Zimbabwean Exemption Permit Holders (ZEPHA) and other civil society organisations against the South African Government.
ZEPHA is seeking permanent residence in South Africa for ZEP holders.
But with less than two months before the expiry of ZEP, the 178 000 beneficiaries and their children face an uncertain future.
In Zimbabwe, the Second Term commenced this Monday, 08 May, and the children of ZEP holders, who are likely set to return home mid-term, may find it difficult to adapt to the local education system.
No one knows whether the Gauteng High Court will nullify the discontinuation of ZEP by South Africa’s Department of Home Affairs or validate the decision which heightens the sense of uncertainty for ZEP holders.
If you are a ZEP holder or know someone who is a ZEP holder, kindly share how you/ they are preparing for your / their kids’ education in light of the imminent expiry of the special permit n the comments section below.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

School Going Children Of ZEP Holders Face Uncertain Future

Helen Suzman Foundation (HSF), director Nicole Fritz, and her family received threats on Twitter the day before the foundation’s court action to stop the discontinuation of the Zimbabwean Exemption Permit (ZEP) by South Africa’s Department of Home Affairs.
On 10 April, Twitter user one Freeman Bhengu (@zibuseman) warned they would deal with Fritz and her daughter. Wrote Bhengu:
<blockquote>
We are watching her and we know where she stays, her daughter, and their closed offices in Parktown, we will deal with her tomorrow @Nicole Fritz.
</blockquote>
The HSF, along with the Zimbabwe Immigration Federation and the Zimbabwean Exemption Permit Holders, are challenging in court the decision by the Department of Home Affairs to scrap the ZEP.
Around 178 000 ZEP holders will be affected by the decision.
The hearing started in the Pretoria High Court on 11 April.
<a href="https://www.groundup.org.za/article/twitter-threats-to-litigants-in-zimbabwean-exemption-permit-court-case/">GroundUp</a> reported Fritz as saying the threats are “enormously disturbing” and that those working in social justice or human rights should not experience such harassment.
She said other litigants were also receiving threats.
Meanwhile, the Global South Against Xenophobia (GSAX) has issued a statement calling on the South African Police Service (SAPS) and South African Human Rights Commission (SAHRC) to act.
GSAX urged SAPS to protect Fritz during the duration of the court hearings or until the perpetrators are arrested and to investigate all the threats.
Fritz said this isn’t the first time she has been threatened. She said the same person has emailed her in the past telling her that she is being watched.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Litigants In Zimbabwean Exemption Permit Court Case Receive Twitter Threats

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

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

South Africa-based 23-year-old Fine Arts student Musa Nyathi faces an uncertain future as he is among tens of thousands of Zimbabweans who will be forced to leave the country by June next year after the expiry of their special permits.
Nyathi, who has lived in South Africa for 14 years since the age of nine, has been languishing at home for the last ten months.
2021 was meant to be the last year of his studies at the Tshwane University of Technology but failing one of his modules meant he would have to register in 2022 to complete his degree. He told <a href="https://www.sabcnews.com/sabcnews/zimbabwean-permit-holders-helen-suzman-foundation/">SABC News</a>:
<blockquote>
I had a problem when I applied for my visa application late last year. I was told that I would have a certain grace period but when I went to apply they told me that the grace period is for refugees and people under that category.
</blockquote>
Nyathi said his attempt to explain to the Department of Home Affairs the circumstances relating to the week’s delay in submitting his visa application was ignored. He said:
<blockquote>
I’m not sure what kind of reasons they were looking for because there were actually unforeseen circumstances.
I was expecting to complete my course last year and by the end of the year move back home but due to the COVID-19 regulations and the like, we ended up having our exams later on the latest in early December.
</blockquote>
Since 2008, Nyathi’s mother has done everything possible to ensure that the family is on the right side of the law with regard to its immigration status.
The Department of Home Affairs said it was still investigating why eight months after Nyathi appealed its decision to reject his visa application, he is still waiting for a response despite a number of follow-up inquiries. Said Nyathi:
<blockquote>
I honestly just want to complete my course because I only had a single module left that I was unable to complete last year but if I am free to do so I may freely leave the country.
</blockquote>
According to the Helen Suzman Foundation, however, Nyathi’s situation is happening all too often as the expiry of the ZEP in June next year approaches.
The Foundation, and other immigration stakeholders, believe South Africa’s Department of Home Affairs lacks the capacity to deal fairly with Zimbabweans seeking to regularise their stay in the country and therefore must be made to reconsider its decision by the courts.

"SA's Home Affairs Lacks Capacity To Deal With Zimbabwean Permit Holders"

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

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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