Home Affairs Minister Leon Schreiber
By Thabo Mosia
Home Affairs Minister Leon Schreiber has granted a significant reprieve to Zimbabwe Exemption Permit (ZEP) holders, extending the validity of their permits by another year. The decision, announced through a government gazette on Friday, provides relief to thousands of ZEP holders who were facing uncertainty as the initial deadline for applying for new exemption permits loomed.
The extension ensures that ZEPs will remain valid until 28 November 2025, allowing time for consultation and compliance with a Gauteng North High Court order.
Court Order Prompts Action
In his statement, Schreiber explained the rationale for the extension:
“I decided to extend the validity of the ZEP until November 28, 2025, for me to fulfil the duty placed on me by the Gauteng [North] High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation.”
The court had earlier ruled that the termination of the ZEP programme under Schreiber’s predecessor, Aaron Motsoaledi, was procedurally unfair and violated the constitutional rights of permit holders.
Reactivation of the Immigration Advisory Board
Schreiber highlighted that the Immigration Advisory Board (IAB), which has been reactivated, will play a pivotal role in determining the future of the ZEP.
“The reactivation of the Immigration Advisory Board is under way, and its first task will be to consider, advise, and enable the steps required for compliance with the order of the high court on the future of the ZEP,” he said.
To ensure the board has sufficient time to conduct its work and facilitate a fair process, the minister issued directives that safeguard ZEP holders from legal actions related to their immigration status during this period.
Protections for ZEP Holders
Schreiber’s directive offers several protections to ZEP holders:
1. Legal Status Maintained
• ZEP holders are deemed to have valid permits for the next 12 months, protecting them from arrest, detention, or deportation on the grounds of lacking valid exemption certificates.
2. Freedom of Movement
• Permit holders are allowed to enter and leave South Africa, provided they meet all other requirements for entry and departure except having a valid visa.
3. No Documentation for Temporary Visas
• ZEP holders are not required to present a valid exemption certificate, visa, or authorisation letter when applying for temporary sojourn visas in South Africa.
Impact of the Constitutional Court Ruling
Earlier this year, the Constitutional Court dismissed Aaron Motsoaledi’s appeal against the Pretoria High Court ruling, which found the decision to terminate the ZEP programme unconstitutional. The court’s dismissal effectively reinforced the need for a lawful and consultative approach in handling the programme’s future.
The Constitutional Court’s decision affirmed that the abrupt termination of the permits violated the rights of ZEP holders, many of whom have lived in South Africa for years and contributed to its economy.
Relief for ZEP Holders
The extension has brought relief to ZEP holders who were preparing to meet the Friday deadline for applying for new one-year exemption permits. Many had expressed panic and uncertainty about their future in South Africa, fearing deportation or disruptions to their lives.
A Complex Transition Period
The extension provides temporary stability but highlights the complexities surrounding the ZEP programme. Schreiber’s directive acknowledges the importance of consulting with all stakeholders, including ZEP holders, legal experts, and civil society organisations, to determine a sustainable path forward.
Stakeholder Reactions
While the extension has been welcomed by advocacy groups and ZEP holders, some have raised concerns about the lack of clarity regarding the long-term status of ZEP holders. Critics argue that the uncertainty could persist until a final decision is made on the future of the programme.
The Helen Suzman Foundation, which has been actively involved in challenging the termination of ZEPs, reiterated the need for government to ensure that any future policy decisions respect the constitutional rights of permit holders and their families.
Background on the ZEP Programme
The Zimbabwe Exemption Permit programme was introduced in 2009 to provide temporary legal status to Zimbabwean nationals fleeing political and economic instability in their home country. Over the years, it has allowed beneficiaries to work, study, and live in South Africa without fear of deportation.
However, the programme has faced growing criticism, with some sectors arguing that it places undue strain on South Africa’s immigration system. In 2021, Motsoaledi announced the termination of the ZEP, sparking widespread legal challenges and public outcry.
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