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

Pindula News

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

A full bench in the Gauteng High Court in Pretoria has reserved its judgement in the case brought by the Zimbabwean Exemption Permit Holders (ZEPHA) and other civil society organisations against the state, <a href="https://www.groundup.org.za/article/judgment-reserved-in-case-to-decide-future-zimbabweans-in-south-africa/">reported GroundUp</a>.
ZEPHA is seeking permanent residence in South Africa for Zimbabwean Exemption Permit (ZEP) holders.
ZEPHA had previously asked for ZEP holders to be given permanent residence but this was then changed to ask the court to allow them to apply for permanent residence, as required by the Immigration Act.
ZEPHA had also asked for the Minister of Home Affairs Aaron Motsoaledi’s decision to terminate the ZEP scheme to be set aside as unlawful and invalid.
Arguing for the state, advocate Myron Dewrance said the ZEP permit specifically prohibited the holder from applying for permanent residence.
However, Advocate Simba Chitando, representing ZEPHA, argued that the Immigration Act makes provision for those residing in South Africa under a variety of visa programmes to apply for permanent residence and that this right should be granted to ZEP holders.
<a href="https://www.sabcnews.com/sabcnews/high-court-reserves-ruling-in-zimbabwe-exemption-permit-case/">SABC News</a> quoted Presiding Officer Justice Colleen Collis as saying:
<blockquote>
We have concluded during our brief adjournment that in order to do justice to the merits of this application as well as the importance of the application to the parties concerned and the urgency of this application that it would be prudent rather reserve our ruling.
We are aware that the litigants before the court would want to have finalisation of their pending application before the 30th of June 2023 so we will have that in mind.
</blockquote>
The exemption permit system was introduced in 2009 under the Dispensation of Zimbabweans Project (DZP).
It allowed some 250 000 Zimbabweans unlawfully in South Africa to regularise their status, allowing them to live, work and study in South Africa.
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>

Gauteng High Court Reserves Judgement In Zimbabwe Exemption Permit Case

Almost one million Zimbabweans will be negatively affected by South Africa’s decision to discontinue the Zimbabwe Extension Permit (ZEP) scheme.
According to the Zimbabwean Exemption Permit Holders Association (ZEPHA), the number of permit holders is about 160 000, but each person has an average of three to four dependents.
The majority of ZEP holders face possible deportation before the June 2023 expiration of their work permits.
Matilda Tebogo (not her real name), a 35-year-old shopkeeper, told <a href="https://www.aljazeera.com/news/2023/4/10/why-is-south-africa-not-renewing-160000-zimbabwean-work-permits">Al Jazeera</a> that she was stressed about what lies ahead for her and her family.
Tebogo said she has been living and working in Cape Town for more than 10 years under the ZEP scheme and has two children attending school in the neighbouring country. She said:
<blockquote>
Everything is unclear and we don’t know what to do. My children know nothing about Zimbabwe. It will be difficult to leave.
</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 to 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>

"One Million Zimbabweans Affected By ZEP Cancellation"

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

Reprieve For Zimbabwean Learners Denied School Registration In South Africa

The Zimbabwe Exemption Permit Holders Association (ZEPHA), a South African-based organisation that seeks to protect the rights of Zimbabweans in the neighbouring country, says Zimbabwean children are being denied their right to education.
ZEPHA is asking the Gauteng High Court to set aside what it considers an SA government decision to refuse to enroll children of ZEP holders.
It cited the ministers and directors-general of Basic Education and Home Affairs as respondents.
One of the applicants alleges that he was unable to register his daughter at Rand Park High in Johannesburg in what is supposed to be her matric year.
He claimed the school cited the uncertainty of his legal status in SA as the reason for its decision.
In a statement, ZEPHA said this is just one of several such instances of children of Zimbabweans being denied enrolment in South African schools. It said:
<blockquote>
This is a cruel, inhuman, and unconstitutional punishment of Zimbabwean children’s right to complete their education.
</blockquote>
The decision by SA Home Affairs Minister Aaron Motsoaledi to end the ZEP system by 30 June this year is the subject of three separate challenges.
The three groups are ZEPHA, the Helen Suzman Foundation and the Zimbabwe Immigration Federation.
All the groups are challenging Home Affairs’ decision to end the ZEP system, which was introduced more than a decade ago.
ZEPHA is arguing that ZEP holders have a legitimate expectation of being granted permanent residence in SA, as most are working, paying taxes, and raising their children in the neighbouring. | <a href="https://www.moneyweb.co.za/news/south-africa/its-back-to-court-for-zimbabwean-children-denied-schooling-in-sa/">Moneyweb</a>

"Zimbabwean Children Denied Schooling In South Africa"

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