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

Pindula News

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

Nhlanhla Moselle, a director of the Youth Service Agency in South Africa has contested the presence of Zimbabweans as a threat to the welfare and development of South Africa as a nation. In a letter to <a href="https://www.timeslive.co.za/ideas/2022-07-27-letter-no-more-migrating-to-sa/">Times Live</a>, Moselle said South Africa and Zimbabwe were almost on the same level as far as economic development is concerned and Zimbabweans flooding that country were actually choking efforts to improve locals’ living standards. Moselle said:
<blockquote>
SA might not be Zimbabwe, however, it has something in common with its neighbouring country.
A huge mass of unemployed youths, lack of basic social services, particularly inadequate health facilities and infrastructure, a fractured economy, inequality, unemployment, corruption, poverty and lack of quality service delivery are at the centre of the violence rocking Zimbabwe owing to the failure of service provision in fragile and polarised communities living in the Tongogara, Vungu, Zhaugwe, Kushinga and Lukhuluba districts in the Midlands province.
SA is not different from Zimbabwe and it is with these similarities that I contest the presence of Zimbabweans as a threat to our welfare and development as a nation.
SA may be a culturally and historically rich nation located at the tip of the African continent, but poverty continues to be a prevalent issue.
Nearly half the adult population lives in poverty. The government measures poverty by three thresholds. The upper-bound poverty line indicates an income of R1,183 a month. The lower-bound and food poverty lines indicate incomes of R785 and R547 respectively. According to Stats SA, 49.2% of the population over the age of 18 falls below the upper-bound poverty line.
Women are generally more vulnerable to poverty. According to SA’s Living Conditions Survey, 52.2% of women fall below the poverty line, compared to 46.1% of men. Additionally, the research shows 74.8% of women-led households fall below poverty lines, compared to 59.3% of men-led households. A similar gender gap exists at each line of poverty, with women consistently experiencing poverty more frequently than men. Data suggests this difference has remained relatively stable over the past decade. Women-led families are also more likely to lack access to water and sanitation.
Hunger and food insecurity have, in particular, become more pressing issues. Lockdowns, for example, have halted employment and left many South Africans with the impossible choice of working to provide food or staying home to stay safe. Forecasts are estimating the Covid-19 pandemic may push up to one million people into poverty.
These are the similarities the two countries have.
When you look at Zimbabwean people from Kananga to Zaka and from Shurugwi and Lukhuluba, there’s not much difference, yet the people of Zimbabwe chose to leave their ancestral home for reasons that may vary from one person to the other.
The time has come for Zimbabweans to say enough and no more migrating to SA. Dying in shame, let us Zimbabweans remake ourselves as the custodians of the Zimbabwean liberation.
</blockquote>
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

"The Presence Of Zimbabweans A Threat To Welfare & Development Of South Africa" - Letter

The South African government announced that the Zimbabwean Exemption Permit (ZEP) will be discontinued from 31 December 2021. Current holders of this permit in South Africa will have a 12-month grace period to apply for a different visa type. If they do not gain a new visa within that period they will be deported. Immigration Directive No 10 of 2021 issued by the Ministry of Home Affairs reads: 
<blockquote>
<h2>ZIMBABWEAN EXEMPTION PERMIT HOLDERS (ZEP)</h2>
Cabinet decided to no longer issue extensions to Zimbabwean nationals who are holders of the Zimbabwean Exemption Permit (ZEP), but a 12 (twelve) month grace period following the expiry of the current ZEP on 31 December 2021 within which these ZEP holders need to regularise their status within South Africa in terms of the Immigration Act, 2002 (Act No. 13 of 2002) (‘the Immigration Act”) and the Immigration Regulations, meaning 31 December 2022.
During the said 12 (twelve) month period, holders of the ZEP should apply for mainstream visas that they qualify for and ensure that their applications comply with the provisions and requirements of the Immigration Act and Immigration Regulations. At the expiry of this 12 (twelve) month period, those who are not successful will have to leave South Africa or be deported.
Organisations: All Companies, Employers, Learning Institutes and Banks are to kindly note that applicants who are in possession of a ZEP expiring on 31 December 2021 must be allowed to continue with their services, provided they submit proof of application for a mainstream visa in terms of the Immigration Act and Immigration Regulations. Proof of application must be a VFS receipt.
Travel Conditions: All applicants with a ZEP must be allowed to travel freely in and out of South Africa until 31 December 2022, when the 12 (twelve) month grace period ends, after which they will only be allowed to travel in and out of South Africa if in possession of a valid visa.
The contents of this Immigration Directive must please be brought to the attention of all officials concerned. 
This Immigration Directive follows Immigration Directive No 9 of 2021 which deals with: Declaration of Undesirability: Foreigners whose Visas/ Permits have expired.
</blockquote>
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

South Africa Gives Grace Period To Holders Of Zimbabwe Exemption Permits

Zimbabwe has begun negotiations with South Africa over the Zimbabwe Exemption Permit (ZEP) arrangement after the neighbouring country said it would not extend them beyond December 31.
South Africa’s Cabinet gave ZEP holders a 12-month grace period to apply for other permits or risk being deported.
The announcement has caused panic among several thousands of Zimbabweans who are ZEP holders.
In a statement yesterday, Zimbabwean ambassador to South Africa, David Hamadziripi said negotiations had started between the two countries.
Hamadziripi said they would urge their South African counterparts to disseminate information on time as such decisions impacted the livelihoods of thousands of people. He said:
<blockquote>
It is the embassy’s expectation that this decision will be implemented with the minimum of disruption to the lives and livelihoods of the affected individuals and their families. The government of the Republic of Zimbabwe takes note of this decision by the government of the Republic of South Africa, a close neighbour with which Zimbabwe enjoys excellent relations.
The government of the Republic of Zimbabwe urges and encourages all its nationals, beneficiaries of the special dispensation, to comply with this decision and to co-operate in its implementation.
</blockquote>
At the beginning of the programme 12 years ago, 300 000 people applied for the Dispensation of Zimbabwean Permit, which provided for the documentation of qualifying Zimbabweans for a five-year period.
They then renewed them under the Zimbabwean Special Dispensation permit in 2014.
The number of applicants shrunk to 182 000 under the ZEP in 2017.
Over three million Zimbabweans are believed to be in South Africa, a huge number being undocumented. 
More: <a href="https://www.newsday.co.zw/2021/12/govt-begins-sa-permits-extension-negotiations/">NewsDay</a>

Zimbabwe Begins Negotiations With South Africa Over Zimbabwe Exemption Permit

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