Although the ZEP have been extended, uncertainty about the future has unsettled the holders Photo Bret Meersman/GroundUp/All Africa
South Africa – The Gauteng High Court in Pretoria has ordered Home Affairs Minister, Aaron Motsoaledi not to arrest or issue deportation orders for Zimbabwean Exemption Permit (ZEP) holders. While this is good news for ZEP holders, the question arises: what happens after that? The court’s ruling provided a temporary reprieve, but the ultimate fate of the permit holders remains uncertain.
The court found the process followed by Motsoaledi was invalid, unlawful, and unconstitutional due to the lack of consultation with the 178 000 permit holders and civil society. Although the court did not explicitly instruct the minister on whether to terminate or not, it emphasised the need for a due process if termination were to occur and extended the permits to December 2023, for the third time.
The minister’s decision and the risk of deportation for ZEP holders
The decision to terminate or not to terminate the ZEP will have significant ramifications. If a substantial number of permits are not renewed, it could lead to the deportation of many Zimbabwean nationals back to Zimbabwe. The move to terminate the ZEP has come to all as a surprise considering the history of it, explained Ngqabutho Nicholas Mahena, Chairman Zim-community SA.
“If you look into the history of this special permit, the first permits were issued for a four-year period. The second was issued under a different name for a three-year period and this one, the ZEP for a four-year period under a different name altogether. So, the expectation from the holders [of the ZEP] was that upon the expiry of the four-year period was that either the minister was going to announce a new name for the permit or consider granting permanent residence upon the basis that people have been living in South Africa for a long time. People did not expect the termination of these special permits.”
Under the Immigration Act, the majority of ZEP holders do not qualify for the other visas that are available. This is why in 2022, when a number of ZEP holders applied for waivers to move to other visas, they were rejected, said Mahena. Only in 2023 were some accepted to apply for the other available visas.
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Concerns regarding the termination of the ZEP
The supposed termination also raises concerns about the process of identifying and monitoring those who are undocumented or in the country illegally. An issue that has been problematic for those who are in the country legally.
“What has been problematic is that ZEP holders have been binded with undocumented migrants who create an impression as if ZEP holders are illegally in the country or are undocumented. That has been the discourse which has been problematic. If the government rejects the 178 000, they [ZEP holders] have two options. The first option is that those who would want to go back to Zimbabwe, relocate, they will have to do so but we expect that the majority will then join the many that are undocumented living in South Africa.”
Challenges in renewing or applying for extensions
Amid the uncertainties, ZEP holders face challenges in renewing or applying for extensions. The court ruling has provided some clarity regarding the validity of permits for the next 12 months. However, the process of applying for extensions or waivers has become arduous.
“People are applying and the main concern that we have is the process to process the applications. For instance, we have people that applied for waivers in 2022 and up to now no decision has been made. Notwithstanding the fact that the minister said there’s a task team to process those applications. We have been noticing that some that applied in 2023, are getting their results. They are being granted waivers but those applied in 2022 up to now they are still waiting. So the process is slow on the part of the Department of Home Affairs to process these applications for waivers so that people can then apply to move to other visas.”
The termination of the ZEP has created a state of uncertainty and anxiety for the permit holders and their families. The constitutional concerns raised by the court highlight the need for a fair and consultative process. As the permit holders await further decisions and potential changes to their legal status, their lives and futures hang in the balance. The South African government faces the challenge of addressing this issue swiftly as possible to avoid any unwanted situations.
Ngqabutho Nicholas Mahena eloquently conveyed the ripple effects of the ZEP termination on children to Julie Alli, highlighting the imperative for clearness and emphasising the exorbitant hurdles of obtaining a waiver. Tune in to their enlightening dialogue here:
