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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

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

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

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

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