Zimbabwean Exemption Permits:

On 29 November 2021, a directive was issued by the Director-General of Home Affairs which confirmed that Cabinet’s previous decision to NOT issue any further Zimbabwe Exemption Permits (“ZEP”) was being upheld and that no further extensions for ZEP holders would be granted in anticipation of the planned expiry date of 31 December 2021.

For background and context into this decision, in 2009 a decision was taken by Cabinet which was intended to reduce the deportation of Zimbabwean migrant workers and refugees who were illegally in the country through the introduction of the Dispensation of Zimbabweans Project (“DZP”). This Project provided amnesty to Zimbabwean Nationals who had fraudulently obtained immigration documents. This amnesty period was in effect until 31 December 2014. This was then replaced with the Zimbabwean Special Dispensation Permit (“ZSP”), which expired on 31 December 2017, and was then replaced with the existing ZEP program.

The ZEP essentially exempts Zimbabwean Nationals from complying with various provisions of the Immigration Act 13 of 2002 and the Refugees Act 130 of 1998. However, in light of the decision by Cabinet, holders of a ZEP will now be required to formally apply with Visa Facilitation Services for an appropriate visa or other work permit in order to legally remain within the country.

This decision by Cabinet and the Director-General will impact around 180 000 people who are currently in possession of a ZEP and will face deportation in the event that they are unable to secure any other appropriate permit type. This also has the potential to impact not only the 180 000 people who hold the permit at present, but also their family members, which estimates indicate will impact a total of 500 000 people. Further, it will also result in the creation of a large group of undocumented Zimbabwean Nationals within South Africa and will undermine any previous efforts by the Department of Home Affairs to regulate these individuals.

As a result, the decision to scrap ZEPs has been met with large amounts of scrutiny and uproar – especially because of the logistical challenges of formally obtaining legally valid visas.   The decision also has a practical issue in that persons will have to submit their passports together with their visa applications, a process which will likely be lengthy and prevent persons from crossing the border uninhibited during the interim application period. Further, the entire purpose of the various Projects implemented since 2014 will seemingly be uprooted by this decision of cabinet, since they were brought about for the purposes of regularizing and creating a record of Zimbabwean Nationals who had been living undocumented within South Africa before 2014. They also served to alleviate some of the strain which had been placed on the asylum system up to that point.

On a fundamental level, this decision seemingly presents major issues with regards to the protection of human rights enshrined within the constitution. Holders of expired ZEPs will be unable to remain in employment since their employers will not want to employ undocumented Zimbabwean Nationals and their children cannot be registered for schools.

At present, there have been no communications from the Department of Home Affairs or the Director-General as to whether or not this decision will be reversed, however, the impact on people’s lives will undoubtedly become more and more evident in the coming months. This decision will likely be taken on Administrative Review and further challenged in the Constitutional Court in due course.

For more information relating to Zimbabwean Exemption Permits, kindly email us on info@hjw.co.za.

Written by Cameron Phillips – HJW Attorneys. 

This article is provided for informational purposes only and should not be substituted for legal advice on any specific matter. Any opinions expressed herein are subject to the law as at the time of writing and will change in accordance with any change in the law. We recommend that you contact HJW ATTORNEYS at info@hjw.co.za directly for advice applicable to your specific matter.