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South Africa’s Home Affairs Minister Aaron Motsoaledi said that bus drivers who allowed hundreds of minors to travel from Zimbabwe to South Africa unaccompanied and without consent forms from guardians should have been arrested.
The Border Management Authority (BMA), a South African law enforcement agency, said that it intercepted 42 buses carrying 443 unaccompanied minors were intercepted at Beitbridge Border Post last weekend.
South African immigration rules stipulate that unaccompanied child travellers (under 18) should have a copy of their birth certificate, parental consent letters, a copy of the passport and a letter from the person who will receive the child in South Africa with contact details.
In an interview with Newzroom Afrika, Motsoaledi said the bus drivers should have been arrested by the BMA. He said:
<blockquote>
Our guards are new. I believe they should have arrested those drivers. They said no because the children produced passports and the drivers might have said it was legal.
I am sure they [authorities] can look for the drivers because they cannot just disappear into Zimbabwe. Many of them are in business and they cannot just stop.
</blockquote>
Motsoaledi also defended the BMA for describing the situation as “human trafficking”. He said:
<blockquote>
The fact remains that an eight-year-old is found in a plane, bus or car crossing a border with no other documents from parents or authorities except that the child is carrying a passport. It is safer to regard it as trafficking until proven otherwise.
Even if you can prove they are not being trafficked, what has happened is illegal and should not be allowed in any country.
</blockquote>
However, Zimbabwe’s Minister of Home Affairs and Cultural Heritage Kazembe Kazembe on Tuesday night told journalists in Harare that claims by South African officials that 42 buses carrying 443 unaccompanied minors were intercepted at Beitbridge Border Post on the SA side were false.
Kazembe said as of Tuesday night, Zimbabwe had not received the children allegedly intercepted by South African authorities.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

"Child Trafficking" Bus Drivers Should Have Been Arrested - Minister Motsoaledi

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

South Africa’s Home Affairs Minister Aaron Motsoaledi said that the Department cannot account for how many undocumented migrants are in the country.
Motsoaledi made the remarks on Sunday while briefing the media on the White Paper on Citizenship, Immigration, and Refugee Protection.
He said that the Department of Home Affairs, along with Statistics South Africa cannot fully account for how many foreigners are in the country. Motsoaledi was quoted by <a href="https://ewn.co.za/2023/11/12/no-mechanism-of-knowing-how-many-undocumented-migrants-are-in-sa-motsoaledi">EWN</a> as saying:
<blockquote>
South Africa today is a great place to live, even though some South Africans don’t believe this. No one can account for all the undocumented migrants.
The Department of Home Affairs has no idea as to how many illegal migrants are in South Africa here… because there is no mechanism of knowing.
</blockquote>
Earlier last week, the South African cabinet approved the publication of the White Paper on Citizenship, Immigration, and Refugee Protection for public comment.
Motsoaledi also said the establishment of the Border Management Authority (BMA) was not to prevent people from coming into the country. He said:
<blockquote>
People like to misconstrue facts that we established the BMA to stop people from coming into South Africa.
We’re not doing anything of that sort. All we’re doing is that people must come into the country illegally.
All we are doing is, people must come into the country legally. Our problem here is illegality.
The Border Management Authority Act must be reviewed so that we align it with the Immigration, Citizenship Act as a new policy framework, because they were all passed differently at different times, without referral to each other.
</blockquote>
In 2022, the Zimbabwe National Statistics Agency (Zimstat) said that there were 773 246 Zimbabweans in South Africa of which 461 293 were men and 311 953 women.
However, <a href="https://africacheck.org/fact-checks/reports/millions-zimbabweans-living-south-africa-data-doesnt-back-claim">in 2019, Lindiwe Zulu</a>, a member of South Africa’s ruling African National Congress (ANC), claimed that there were “millions of Zimbabweans living in South Africa”.
Last week, South Africa’s Statistician-General, Risenga Maluleke, <a href="https://www.pindula.co.zw/2023/11/11/shona-is-one-of-the-emerging-languages-in-south-africa-statistician-general-maluleke/">revealed that Shona, a language spoken by the majority of Zimbabweans, has emerged as a new language</a> in Limpopo Province.
Presenting the 2022 Census Report to Premier Stanley Mathabatha in Polokwane, Risenga revealed that Shona is spoken in over 28 000 households in the province.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South African Government "Has No Idea" How Many Illegal Migrants Are In SA - Minister Motsoaledi

The Pretoria High Court has dismissed an urgent application seeking to protect the rights of <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwean Exemption Permit (ZEP)</a> holders in South Africa. The Helen Suzman Foundation (HSF) brought the application to reinforce the rights of ZEP holders amidst concerns and confusion surrounding their status. However, the court found that their previous landmark ruling in June had already provided protection for the rights of the approximately 178,000 ZEP holders.
The June ruling came after a successful challenge by the HSF and the Consortium for Refugees and Migrants in South Africa (CORMSA) against the decision of the Home Affairs Minister to terminate ZEPs. The court ruling overturned the termination decision and granted 12 months of protection for ZEP holders while the Minister conducted a fair and rational inquiry into their status.
The recent court action sought an enforcement order against the Minister who had indicated an intent to appeal the June ruling. The HSF aimed to protect ZEP holders with expiring permits during any ongoing appeal process. However, the court stated that their previous judgment was not a final order but rather intended to preserve the status quo.
The confusion arises from whether the June ruling was temporary or final. The HSF believes that the ruling provided temporary protection while the appeal process was underway, while the court’s interpretation is that it preserved the existing rights of ZEP holders without making a final determination on their status. <a href="https://www.thesouthafrican.com/lifestyle/ruling-finds-zimbabwean-exemption-permits-dont-need-protecting-11-november-2023-breaking/">The South African</a> cites the judges as saying:
<blockquote>
The rights of the ZEP holders as stated in the order are not definitive, in that they are subject to the determination by the minister and may be altered when the minister has conducted a fair hearing.
</blockquote>
The dismissal of the urgent application has left some uncertainty and concern among ZEP holders about the future of their status and rights in South Africa. They will now have to wait for further legal proceedings and clarification on their immigration status.
The Helen Suzman Foundation issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs, Aaron Motsoaledi, has interpreted the ruling differently. Said the minister:
<blockquote>
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>
Practically, this means any Zimbabwean Exemption Permits stay valid until 30 June 2024. ZEP holders may freely travel to and from South Africa and may not be arrested or deported on the basis of holding an expired permit.
The Helen Suzman Foundation has issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs has interpreted the ruling differently. The minister stated that affected Zimbabwean nationals should follow the procedures outlined by the minister to regularize their stay in South Africa and not rely on false promises.
This means that ZEP holders can continue to stay in South Africa until June 30, 2024. They are allowed to freely travel to and from South Africa without the risk of being arrested or deported due to holding an expired permit.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Court Dismisses Application Seeking To Protect Zimbabwean Exemption Permit Holders' Rights

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

The Helen Suzman Foundation (HSF) has asked the court to intervene and address the uncertainty caused by the actions of Home Affairs Minister Aaron Motsoaledi who is challenging the nullification of his decision to cancel the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwe Exemption Permits (ZEPs)</a>.
The Pretoria High Court heard the HSF’s request to enforce a previous court order stating that the termination of the ZEP and the refusal to grant further extensions were invalid, unconstitutional, and unlawful, <a href="https://www.dailymaverick.co.za/article/2023-10-27-court-hears-bid-to-buy-time-for-zimbabwean-extension-permit-holders/">Daily Maverick</a> reported. The foundation argued that the ZEP should remain valid while the minister investigates the consequences of its termination. In a statement on Thursday, HSF executive director, Nicole Fritz, said the court application was necessary. Fritz said:
<blockquote>
When the minister first signalled his intention to appeal the court’s June 2023 judgment, HSF asked him to leave the ZEP in place until he exhausted the appeal process. The minister refused.
 When the court held, on 16 October 2023, that the minister’s appeal had no prospects of success, HSF asked that he now abide by the court’s June 2023 judgment. The minister again refused, instead indicating that he planned to continue his appeal by approaching the Supreme Court of Appeal (SCA).
</blockquote>
The Zimbabwean Exemption Permit (ZEP) was introduced in 2009 to provide a way for Zimbabweans who fled their country’s economic and political difficulties to live, study and work in South Africa. The Helen Suzman Foundation has requested that a court order be enforced to keep the ZEP valid while the Home Affairs Minister conducts a fair and reasonable investigation into the consequences of ending the program. The minister has stated that he will enforce immigration laws impartially, even after his application to appeal the previous court judgment was denied. Read a Home Affairs statement:
<blockquote>
The minister has also taken legal advice on the judgment. The minister has decided to exhaust the legal remedies available to him. To this end, he has already instructed his legal representatives to apply for leave to appeal to the Supreme Court of Appeal without any delay.
The minister believes that the matter is of such great public importance to deserve the attention of a higher court.
The minister is encouraged by the increased number of waiver and visa applications lodged by the affected Zimbabwean nationals. The minister is considering and approving an average of 2,000 waiver applications every week.
The minister would like to assure the public that the Department of Home Affairs will continue to enforce the immigration laws without fear or favour.
</blockquote>
 
The Helen Suzman Foundation is concerned that the Home Affairs Minister’s actions regarding the Zimbabwean Exemption Permit (ZEP) could set a dangerous precedent in the implementation of the law. They are seeking court intervention to address the uncertainty faced by ZEP holders. Without this intervention, there is a risk that the court’s previous judgment will be suspended when the minister appeals. This would mean the ZEP would expire in two months. The foundation argues that ZEP holders and their children need certainty, rather than relying on the minister’s piecemeal extensions. They believe government decision-making should follow the law for the benefit of all South Africans.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

HSF Asks Court To Intervene As Minister Motsoaledi Is "Causing Uncertainty On ZEP"

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 dismissed Home Affairs Minister Aaron Motsoaledi’s application in which he was requesting permission to appeal a decision made by a court regarding the termination of <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwean Exemption Permits (ZEPs)</a>. The court had previously ruled that Motsoaledi’s decision to terminate the permits without proper consultation was unlawful and unconstitutional.
The minister sought leave to appeal the court’s judgments, arguing that they set dangerous precedents. The Department of Home Affairs disagreed with the court’s findings on the applicability of certain sections of the Promotion of Administrative Justice Act. The minister also claimed the matter involved the separation of powers, but the court deemed his grounds for appeal flawed.
The court had extended the permits for 12 months, from 28 June, pending a fair process that includes public participation. The court also ordered that ZEP holders should be allowed to enter or leave South Africa without being treated differently under immigration laws.
Motsoaledi’s application for leave to appeal was, however, dismissed because he did not provide sufficient evidence in the review proceedings, <a href="https://www.news24.com/news24/southafrica/news/motsoaledi-fails-in-bid-for-leave-to-appeal-zep-ruling-20231016">News24</a> reported. The court emphasized that their order was temporary relief and not a substitution order. The ruling suggests that ZEPs may be extended beyond 2023, providing further relief for Zimbabwean nationals in South Africa.
The Zimbabwean Exemption Permit Visa (ZEP) was initially established by the South African Government in 2009 to address the significant influx of Zimbabweans. The permit granted certain exemptions from the Immigration and Refugee Acts. In November 2021, the South African Government announced the discontinuation of the ZEP but provided a 12-month grace period until its expiration on December 31, 2021. Various organizations, including the Helen Suzman Foundation (HSF), went to court to contest the termination of the ZEP. As a result, the court ordered a temporary extension of the ZEP program prompting Motsoaledi to appeal.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Motsoaledi Loses Application For Permission To Appeal Against ZEP Extension

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

South Africa’s Home Affairs Minister, Aaron Motsoaledi, is challenging a Gauteng High Court ruling that deemed his decision to terminate <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwe Exemption Permits (ZEPs)</a> as “unlawful, unconstitutional, and invalid.” The High Court had extended the permits for 12 months, citing the lack of a proper public participation process.
Motsoaledi argues that the court should not interfere with executive decision-making and is willing to extend the permit deadline. However, the Helen Suzman Foundation and other advocates argue that the minister’s appeal has no prospects of success and stress the importance of considering the voices of those affected.
The Pretoria High Court had criticised the department for not following proper procedures, including adequate notification and consultation with affected individuals and consideration of children’s rights. The court ordered the minister to reevaluate the matter using a fair process and imposed costs on the department. The judgment on the appeal is pending.
The Zimbabwean Exemption Permit Visa, which was initially extended to over 200,000 Zimbabwean nationals working in South Africa in 2009, has been renewed periodically since then. However, the ZEP was terminated in 2021, and holders were given a grace period of 12 months to apply for alternative visas. In December 2022, South Africa extended the ZEP for an additional 6 months. Subsequently, in June 2023, South Africa further extended the ZEP for another 6 months.
Zimbabweans residing in South Africa can apply for <a href="https://zero.pindula.co.zw/sa-reminds-zeps-holders-to-apply-for-other-visas/">four different permits:</a> work permits, study permits, business or investment visas, and family reunification. These avenues allow them to legally reside, work, study, start businesses, or join family members in South Africa. It is important to consult with the relevant authorities or seek legal advice to understand the specific requirements for each option.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Minister Motsoaledi Appeals Court Ruling On Ending Zimbabwe Exemption Permits (ZEPs)

The Zimbabwe Exiles Forum (ZEF), an organisation established by Zimbabwean political and economic refugees residing in South Africa, has welcome a ruling by South African courts on the Zimbabwe Exemption Permits (ZEP) case.
The North Gauteng High Court in Pretoria ruled that South Africa’s Home Affairs Minister, Aaron Motsoaledi’s decison to terminate the Zimbabwean Exemption Permit (ZEP) was unlawful, unconstitutional and invalid.
Speaking to <a href="https://www.iol.co.za/news/south-africa/dangerous-precedent-motsoaledi-to-challenge-court-ruling-extending-zimbabwe-exemption-permits-33535995-5d31-48f1-8e5e-c535d292587b">IOL</a>, Advocate Gabriel Shumba from the ZEF said the ruling shows that there is rule of law in SA and an indicator of the country’s constitutionalism.
He said they anticipate that Motsoaledi will engage in discussions with stakeholders to find a mutually agreeable solution moving forward. Said Shumba:
<blockquote>
We hope that this small group of people, who have given so much to the economy and have tried to comply with the laws, will not be sacrificed on the altar of political correctness.
</blockquote>
The court challenge was mounted by the Helen Suzman Foundation (HSF), Consortium for Refugees and Migrants in South Africa (CORMSA), the All Truck Drivers Forum and Allied of South Africa (ATDFASA) and the Zimbabwe Immigration Federation.
Meanwhile, Motsoaledi said his department will appeal the ruling by the High Court.
He said he will also be challenging the court’s ruling in the matter of the Zimbabwe Immigration Federation and his department. Motsoaledi’s spokesperson Siya Qoza said:
<blockquote>
The Minister has carefully studied the judgment and has taken legal advice on it.
The two judgments cannot go unchallenged as they set a dangerous precedent.
The finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act (PAJA) is highly questionable, particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only. In this instance, the affected are Zimbabwean nationals.
The decision that the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations which falls within the domain of the executive.
</blockquote>
Qoza questioned why the High Court granted an interim interdict which restrains government agencies from detaining or deporting ZEP permit holders, saying the Minister had already issues a directive to that effect. He said:
<blockquote>
It is not clear as to what is the purpose of interdict when in fact the minister issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protections afforded by the directives.
The last minister’s immigration directive was issued on 7 June 2023. Since the Minister took the decision, no Zimbabwean national has been threatened in any manner whatsoever and/or deported.
They continue to enjoy freedom of movement between South Africa and Zimbabwe and anywhere, as pleaded in the affidavits filed in court on behalf of the minister showing significant movements to and from Zimbabwe by the affected Zimbabwean nationals and their families.
</blockquote>
Qoza added that Motsoaledi “will do everything in his power to ensure that the immigration laws of the Republic of South Africa are enforced without fear or favour.”
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Motsoaledi Says High Court Ruling On ZEP Permits Sets A Bad Precedence

South Africa’s Home Affairs Minister Aaron Motsoaledi is set to challenge the two judgments delivered by the courts which declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) as unlawful, unconstitutional and invalid.
The North Gauteng High Court in Pretoria also granted an interim interdict that restrains the government from detaining or deporting holders of the ZEP.
Speaking to <a href="https://www.sabcnews.com/sabcnews/motsoaledi-to-challenge-zep-court-judgments/">SABC News</a>, Motsoaledi’s spokesperson, Siya Qoza said that the decision to cancel ZEP permits is one of policy that falls within the parameters of Executive Action.
He added that the court ruling overriding a decision taken by a different arm of the State defies the separation of powers doctrine. Said Qoza:
<blockquote>
The decision that the minister took not to extend the Zimbabwean exemptions involves weighing policy considerations that fall within the domain of the executive.
The judgment also deals with matters relating to a sacrosanct principle of separation of powers.
The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children.
</blockquote>
In the ruling, which was delivered on 28 June, three judges, Colleen Collis, Gcina Malindi and Mandlenkosi Motha, sitting as a full bench in the Pretoria High Court, directed the Minister to reconsider the issue “following a fair process” that complies with the relevant laws.
Pending the outcome of that process, the permits will remain valid for another 12 months (until the end of June 2024), and ZEP-holders have protection from arrest and deportation, reported <a href="https://www.groundup.org.za/article/termination-of-zimbabwean-exemption-permit-declared-unlawful-unconstitutional-and-invalid/">GroundUp</a>.
The judges said their order would preserve the status quo pending the outcome of a fair process and the Minister’s further decision.
The court case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa after Motsoaledi announced the end of the programme in 2021.
The judges handed down a separate ruling in a matter brought by the Zimbabwean Immigration Federation for an interdict, stopping any action being taken against ZEP holders, pending a review of the Minister’s decision.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

SA Home Affairs Minister Set To Challenge ZEP Permits Court Judgments

The Pretoria High Court has declared the decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit (ZEP) programme as unlawful and unconstitutional. The court has directed the minister to reconsider the issue following a fair process that complies with relevant laws.
The judges said the minister made no attempt to solicit representations from those affected before he took the decision, rendering the decision procedurally unfair and irrational. They also said no attempt was made to assess the impact on ZEP holders and their children. They said:
<blockquote>
As a decision of this consequence impacts over 178,000 permit holders, it would have required proper information on who would be affected, to what degree and what measures were in place to ameliorate this impact.
It further requires a careful assessment of the current conditions in Zimbabwe.
Before this court, there is simply no admissible evidence from the Minister on whether he took these considerations into account and how.
</blockquote>
The case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa after the minister announced the end of the programme in 2021.
<h3>What now?</h3>
The judges granted an interdict, stopping any action being taken against ZEP holders, pending a review of the minister’s decision.
Pending the outcome of that process, the permits will remain valid for another 12 months until the end of June 2024, and ZEP holders will be protected from arrest and deportation.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

ZEP Termination Declared Unlawful, Unconstitutional, Invalid

Patriotic Alliance leader Gayton McKenzie has criticised Home Affairs Minister, Dr Aaron Motsoaledi, <a href="https://www.pindula.co.zw/2023/06/08/sas-home-affairs-minister-directive-extending-zep-permits-full-text/">for extending</a> the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa/">Zimbabwe Exemption Permits (ZEP)</a> for a further six months. McKenzie accused the Minister of selling out the fight against illegal immigration and has called for Zimbabwean nationals to return home. McKenzie said:
<blockquote>
Minister Aaron Motsoaledi sold out the fight against illegal immigration.
The one moment he goes to court, the next moment he extends the validity of the Zimbabwe Exemption Permits by another six months, with the period now ending on the 31st of December. Let them go home.
</blockquote>
Thousands of Zimbabweans were set to be deported at the end of this month when the ZEP was scheduled to expire. However, the Minister’s decision was based on significant developments, including the approval of thousands of waiver applications for Zimbabwean nationals and a significant increase in the number of visa and waiver applications received by VFS Global on a daily basis. In response, the Minister has deployed more officials to assist in the processing of these applications.
The Minister’s Immigration Directive no: 2 of 2023, which extends the validity of Zimbabwean exemption permits for a further six months, was published in the Extraordinary Government Gazette on Thursday, 8 June 2023. The Minister has called on all interested parties to consider the Directive in their decision-making processes and will be requesting the Minister of International Relations and Cooperation to issue a note verbale to bring the Directive to the attention of the Ambassador of the Republic of Zimbabwe.
<h3><a href="https://www.pindula.co.zw/">More Pindula News</a></h3>

Motsoaledi Described As A Sell Out For Extending The Zimbabwe Exemption Permits (ZEP)

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

South Africa’s Home Affairs Minister, Aaron Motsoaledi Motsoaledi, has said border guards were trained and deployed to various land border law enforcement areas and ports of entry to detect and prevent illegal entry into South Africa.
He made the remarks in response to Inkatha Freedom Party (IFP) parliamentarian, Liezl van der Merwe, who wanted to know about measures to address the growing number of undocumented foreign nationals in South Africa.
Liezl van der Merwe has raised concerns about South Africa’s high murder rate and has previously expressed concerns about neighbouring countries having easy access to the country. Motsoaledi said in his <a href="https://www.defenceweb.co.za/featured/minister-says-border-guards-trained-to-stop-illegals-entering-sa/">written</a> response:
<blockquote>
Illegal foreign nationals who are apprehended in the border law enforcement area are handed over to Immigration Services who do verification of their nationality. Once the process is concluded, the deportation process will be initiated.
</blockquote>
Motsoaledi stated that the Department of Home Affairs (DHA) inspectorate unit coordinates with the police to locate illegal immigrants. When apprehended, their status is verified, and if found to be undocumented or illegal, the process of deportation is initiated.
He said the DHA will use handheld “IT tools” with biometric capabilities to remotely access and verify information on the National Population Register (NPR) during citizenship-related operations. The procurement of these tools was financed through the Criminal Asset Recovery (CARA) fund.
Last year in March, Motsoaledi informed the same IFP parliamentarian that the government does not have an exact number of undocumented immigrants in South Africa due to the secretive nature of being in the country illegally.
Different studies have provided varying unverifiable figures, ranging from three to six million or more. According to Statistics SA, there are 3.95 million foreign nationals in South Africa, regardless of their status.
People may illegally enter South Africa for various reasons, including economic opportunities, political instability or persecution or justice in their home countries. South Africa is considered a relatively stable and prosperous country compared to many of its neighbours, and it attracts many migrants from across the region. 
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Border Guards Deployed To Prevent Illegal Entry Into South Africa - Motsoaledi

South Africa’s Home Affairs Minister Aaron Motsoaledi says a United States-based Non-Governmental Organisation is trying to use the legal system to undermine and ambush the country’s sovereignty.
<a href="https://www.sabcnews.com/sabcnews/govt-to-oppose-order-allowing-22-afghan-nationals-into-sa/">SABC News</a> reported that the NGO approached the High Court in Pretoria seeking the court to compel the SA government to grant asylum to 22 Afghan nationals arguing that the group might be victimised by the Taliban regime.
The High Court then ordered the SA government to grant asylum to the 22 Afghans. Reacting to the High Court order, Motsoaledi said:
<blockquote>
On the 14th, our officials in Beitbridge received a letter written by a firm of lawyers saying that they have clients that are coming, 22 of them.
We are warning them that you must be given a transit visa to enter South Africa and apply for asylum, they never named the clients, and they didn’t even mention where they came from.
While the people there were still surprised, 22 people arrived and said they were from Afghanistan and they want to enter the country, their lawyers have given us prior notice and they were carrying visas from Zimbabwe.
</blockquote>
Motsoaledi said that the government will be opposing the court order. He said:
<blockquote>
Yesterday they went to court to get an interim order that we must allow these people to come in, the return date is on the 7th of March but that court order has been granted that we must allow them in, but the judge realised that we were not in court.
We were not in court because they manipulated the law and processes because they know that we are in Pretoria but they served a junior person in Beitbridge through an email and the person was in the field and only saw the email after 4 hours and after 4 hours they had already been in court and got the order but the judge realised that we were not there and allowed us that we can do something within 24 hours.
</blockquote>

South Africa Accuses United States-based NGO Of Undermining Its Sovereignty

A court case in which the Helen Suzman Foundation (HSF) is challenging the termination of the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwe exemption permit (ZEP)</a> has been postponed to April 2023.
The case was set down for Monday, and will now be heard in April, Times Live said quoting Nicole Fritz the director of the foundation.
Nicole Fritz said a three-bench panel of judges would hear the matter when it resumed. Said, Fritz:
<blockquote>
We are disappointed that hearing dates could not be secured earlier in that we are anxious to have the matter heard by the courts and for a just resolution to be determined.
</blockquote>
HSF is challenging Home Affairs minister Aaron Motsoaledi’s decision to terminate the ZEP on June 30, 2023.
The HSF wants the high court in Pretoria to declare the decision by Motsoaledi to terminate the ZEP — and his limited extension to the permit — unlawful, unconstitutional and invalid.
The application is being opposed by the home affairs minister.
On the case only being heard in 2023, Zimbabwe Immigration Federation chair Luke Dzviti said: 
<blockquote>
For now it’s not a train smash, I am not really disappointed because we still have a grace period. It’s fine as long as it happens before Zimbabwean nationals who are ZEP holders become illegal immigrants.
</blockquote>
Dzviti said they were fine with the home affairs directive which says no one can be arrested or deported.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Zimbabwe Exemption Permit Case Postponed

Seven people have been killed and five others injured in Ennerdale, Johannesburg.
The incident took place at the corner of Beatrice and Phillips streets in Finetown on Saturday night, <a href="https://www.enca.com/news/crime-sa-six-killed-finetown-attack">eNCA news</a> reported.
Police believe four suspects tried to rob street vendors who were selling chicken feet, but they resisted and that’s when the attack occurred.
South Africa has exceptionally high rates of murder, gender-based violence, robbery and violent conflict.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

South Africa: 7 Killed In Johannesburg

South Africa’s Home Affairs Minister, Aaron Motsoaledi has announced new passport fees for the first time since 2011. 
In a notice seen by Pindula News, the department quoted Motsoaledi as saying there is “nothing called an emergency passport.”
Motsoaledi said the emergency travel certificate mentioned below is a document available only to South Africans stranded abroad which helps them to come back home and when they arrive, the usefulness of the document lapses. 
He added that there is no emergency travel certificate for South Africans who need to travel abroad. Reads the statement:
<blockquote>
The Minister of Home Affairs, Dr Aaron Motsoaledi has amended the fees for South African passports and travel documents in terms of section 4(1)(e) of the South African Passports and Travel Documents Act, 1994 (Act No. 4 of 1994), and in consultation with the Minister of Finance.
The amended fees, which were published in Govemment Gazette No. 47256 (attached) on 06 October 2022, come into operation on 1 November 2022. 
Section 4(1)(e) of the South African Passports and Travel Documents Act, 1994, enables the Minister of Home Affairs to make regulations regarding the fees payable for the issuance of a South African Passport or Travel Document, in consultation with the Minister of Finance. 
The changes to passport and travel document fees were informed by the outcome of a bench-marking exercise with other countries which found that our tariffs were up to three times lower. 
The decision was also informed by the fact that production costs are much higher than what people are paying for our passports. This means the Government is heavily subsidising passport holders when such a subsidy is not realised for ordinary ID applicants. 
The fees payable for the issuing of South African passports and travel documents were last adjusted in 2011. There are different fees for applications made in South Africa and those coming from abroad. The fees payable in respect of applications for a South African passport or travel document made within the Republic are as follows:
• Adult passport R600 for 32 pages (current fee R400); R1 200 for 48 pages (maxi, current fee R800) 
• Child passport R600 (current fee R400) 
• Official passport R600 (currently no charge) 
• Diplomatic passport R600 (currently no charge) 
• Document for travel purposes R600 (current fee R300)
 • Crew member certificate R600 (current fee R350) 
The fees payable in respect of applications for a South African passport or travel document made outside of the Republic, at Missions, Embassies or Consulates, are as follows:
• Adult passport R1 200 for 32 pages (current fee R400); R2 400 for 48 pages (maxi, current fee 8800) 
• Child passport R1 200 (current fee R400) 
• Emergency travel certificate R140 (current fee R140).
</blockquote>
Motsoaledi also said South Africans who are able to travel out of the country are financially better off than ordinary citizens and they don’t need to be subsidised in the manner the government has been doing.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

South Africa Raises Passport Fees For The 1st Time Since 2011

South Africa’s Minister of Home Affairs, Aaron Motsoaledi has said he oversaw the reversal of 553 false marriages in 2022, <a href="https://www.iol.co.za/the-star/news/home-affairs-has-reversed-553-fraudulent-marriages-this-year-66bbc4b6-15d9-42f7-8862-08d3771eb2d6?">The Star</a> reported.
The majority of these cases involve illegal immigrants from other countries who marry South Africans in order to get legal residency in the country.
In response to questions tabled in Parliament by the Inkatha Freedom Party (IFP)’s Petros Sithole, Motsoaledi said 553 fraudulent marriages had been reversed since January 1, 2022.
He said most of the fraudulent marriages involved foreign nationals marrying South Africans for convenience purposes.
Motsoaledi said the government was introducing a new marriage register form (DHA-30) which required photographs and thumbprints of the couple for verification purposes. He said:
<blockquote>
The department requires prospective couples to make an appointment with the nearest front office to verify their marital status and to subject themselves for brief interviews prior to registration of the marriage.
Couples are thereby encouraged to seek legal advice regarding the benefits and disadvantages of accepting marriage, regardless of it being to a foreigner.
</blockquote>
According to the department, on the day of the marriage a couple must present the following documents to the person officiating at the ceremony:
<blockquote>
1). Identity documents (of both people).
2). Valid passport as well as a completed BI-31 form (Declaration for the Purpose of Marriage, letter of no impediment, for non-South Africans marrying South Africans, to confirm that he/she is not married in the country of origin).
3). If a minor is getting married, written consent is needed in the form of a DHA32 filled in by both parents/legal guardians or a DHA34 form from the Commissioner of Child Welfare or a judge. 
4). In the case where the marriage is between minors under the age of 18 (boys) or 15 (girls), written consent from the Minister of Home Affairs is also required.
5). If either of the people who are getting married are divorced, the final decree of divorce should be provided.
6). If either of them is widowed, the deceased spouse’s death certificate must be submitted.
</blockquote>
<h2>Pindula News</h2>

South Africa: Home Affairs Minister Motsoaledi Reverses Over 550 Fraudulent Marriages

South Africa’s home affairs minister Aaron Motsoaledi has dismissed reports saying he extended the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwean Exemption Permits (ZEPs)</a> to June 2023 as a strategy to help the ruling ZANU PF to win elections scheduled for next year.
Motsoaledi <a href="https://zero.pindula.co.zw/south-africa-home-affairs-minister-extends-zimbabwean-exemption-permit-full-text/">extended the ZEPs</a> in late August arguing that the department had at that time received few applications by Zimbabwean nationals for ordinary visas.
Motsoaledi had, throughout the year, vowed to not renew the expiring ZEPs, meaning its holders would have to return home at the end of 2022.
Civil society organisation, the Helen Suzman Foundation (HSF), which had launched a legal challenge against the planned cancellation, said it would continue with the court fight. It added; 
<blockquote>
There is now some speculation that the reason for this most recent six-month extension is that it is a sop to Zimbabwe’s ruling party, ZANU PF: delaying the return of those who fled its murderous policies until after the next elections, scheduled for April 2023, means they cannot vote against ZANU.
</blockquote>
In response, Minister Motsoaledi dismissed the suggestion as a “ridiculous” and “bizarre conspiracy theory”. He said in a statement:
<blockquote>
… if HSF’s worry is the outcome of elections in Zimbabwe, then in that event, the Minister publicly challenges HSF to use its massive resources to mobilise all the Zimbabwean nationals in South Africa go and participate in the April 2023 elections.
In this manner the HSF will be putting their money where their mouth is. After all, it is a democratic obligation of a citizen of any country to vote in any elections in order to influence the direction that their country takes.
</blockquote>
South Africa’s ruling ANC party has faced criticism for not being tougher with authorities in Harare who face allegations of human rights abuses, electoral fraud and crackdowns against the opposition.
Cancellation of the ZEP would affect some 178 000 holders. 
The Zimbabwe National Statistics Agency (ZIMSTAT) recently estimated that 700 000 Zimbabweans were based in South Africa.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Motsoaledi Responds To Reports Saying ZEP Extension Meant To Give ZANU PF Poll Advantage

South Africa’s Home Affairs Department has responded to reports made on 15 September that the department was blocking some Zimbabweans who were intending to pass through the Beitbridge border post to Zimbabwe.
<a href="https://www.news24.com/news24/southafrica/news/zimbabweans-trying-to-leave-sa-not-being-turned-back-home-affairs-explains-20220919">News24</a> reported that the new Border Management Authority guards in Musina, Limpopo were blocking the travellers. Reads the statement issued by the department in response to the reports:
<blockquote>
Border Guards are doing access control duties at the Beitbridge Border Post and they direct the Zimbabweans wanting to go back to their home country to the relevant queues so that they can be documented in accordance with the Immigration Act. This means that they need to be fingerprinted and have their demographic details taken.
However, there are people who have refused to be documented on their departure. They believe that now that they are going back home, nobody needs to ask them any questions at our border.
Nobody will be allowed to just waltz through our border to and fro without being documented. There are no exceptions in this regard, whether you go through a land port, sea port or an airport. This is regardless of your nationality.
There is no way South Africa will refuse anybody from going back home. But similarly, South Africa can’t just allow anybody to move in and out of the country without it being recorded anywhere.
</blockquote>
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

South Africa Speaks On Blocking Some Zimbabweans Intending To Return Home

Law experts have said employers in South Africa need to know that the <a href="https://zero.pindula.co.zw/south-africa-home-affairs-minister-extends-zimbabwean-exemption-permit-full-text/">six-month extension</a> of the <a href="https://www.pindula.co.zw/Zimbabwean_Exemption_Permit_Visa">Zimbabwean Exemption Permits (ZEP)</a> entails that ZEP holders cannot be arrested or reported from South Africa during this period.
Hedda Schensema, the Director of Employment Law and Taryn York an Associate in Employment Law at Cliffe Dekker Hofmeyr also said ZEP holders are allowed to enter and or leave South Africa during this period.
On 29 November 2021, a directive was issued by South Africa’s Director-General of the Department of Home Affairs (DHA) confirming the cabinet’s decision that no further extensions would be granted to Zimbabwean nationals, who were holders of a Zimbabwean Exemption Permit (ZEP).
This directive was subsequently withdrawn and replaced by a directive dated 29 December 2021 which stipulated that the validity of all ZEPs had been extended for a period of 12 months, until 31 December 2022, in order to allow permit holders to apply for an alternative ‘mainstream’ visa in terms of the Immigration Act 13 of 2002 (Act).
On 2 September 2022, with the impending expiry date of the validity of ZEPs looming, the Minister of Home Affairs, Aaron Motsoaledi announced an <a href="https://zero.pindula.co.zw/south-africa-home-affairs-minister-extends-zimbabwean-exemption-permit-full-text/">extension of the validity of ZEPs until 30 June 2023.</a>
<h2>During this period:</h2>
<blockquote>
a). no ZEP holder is required to produce a valid exemption certificate or a letter of authorisation to remain in South Africa when applying for any category of visa;
b). no ZEP holder can be arrested, ordered to depart South Africa, or deported for any reason relating to the ZEP holder not being in possession of a valid exemption certificate in his/her passport; and
c). all ZEP holders are allowed to enter or depart from South Africa, subject to meeting the requisite requirements in terms of the Act.
</blockquote>
This decision was made by the Minister after reviewing the progress report provided by Dr Cassius Lubisi, the head of the Departmental Advisory Committee. In terms of this report, the Minister was advised to consider extending the validity of ZEPs considering inter alia, not many ZEP holders have applied for an alternative ‘mainstream’ visa or waiver application, where applicable.
While this decision provides all ZEPs holders with an additional 6 months to apply for a ‘mainstream’ visa, all ZEPs holders are urged to submit their applications as soon as possible. This is partly due to the DHA’s backlog in the processing of visa and waiver applications, and as the Minister reiterated that no further extensions will be granted.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

South Africa: What Employers Need To Know About ZEPs Six-month Extension

South Africa’s Home Affairs Minister Aaron Motsoaledi said that expired Zimbabwean exemption permit (ZEP) holders who do not apply to be in the country legally will be punished if they remain in SA after the grace period runs out.
Motsoaledi said this on Tuesday when he appeared in parliament to provide an update on the ZEP process underway. He said:
<blockquote>
The ball is in their court, not in the government’s court. We will deal with them the same way we deal with someone who is in the country illegally and overstayed. There is punishment for that.
</blockquote>
Motsoaledi explained that there are two applications the Department of Home Affairs is expecting from expired Zimbabwean exemption permit (ZEP) holders. He said:
<blockquote>
There are two applications we are expecting from Zimbabweans, namely the visa in terms of the Immigration Act and an application for a waiver where an applicant may say these are their circumstances and they ask for a waiver from what the government has directed them to do.
We realised that work needed experts because it is a special dispensation, so I appointed a team of six, including three officials who were dealing with the reviewing of permits and three senior councils from the private sector.
They have had several meetings to outline how the work is going to be done so there is a common understanding and they follow similar standards when they start working.
</blockquote>
Motsoaledi insisted that the South African government was not targetting Zimbabweans. He said:
<blockquote>
I know people say we are only targeting Zimbabweans, but the Basotho permit is expiring at the end of December 2023.
The Zimbabwean permits expired in December 2021. This is because they were issued at different times.
</blockquote>
| <a href="https://www.timeslive.co.za/news/south-africa/2022-09-13-expired-zim-exemption-permit-holders-who-dont-apply-for-legal-status-will-be-punished-says-motsoaledi/">TimesLIVE</a>

South Africa Warns Expired Zimbabwean Exemption Permit Holders

Operation Dudula, a self-appointed illegal immigrant watchdog in South Africa has announced intentions to approach the court to challenge the <a href="https://news.pindula.co.zw/2022/09/02/south-africa-home-affairs-minister-extends-zimbabwean-exemption-permit-full-text/">extension of the Zimbabwe Exemption Permits (ZEPs)</a>.
Zandile Dabula, national secretary-general of the movement, said it rejects the “vague” reasons behind the special advisory committee’s decision. <a href="https://www.timeslive.co.za/news/south-africa/2022-09-06-operation-dudula-heads-to-concourt-after-zim-exemption-permit-extension/">TimesLive’s Kgaugelo Maswneng</a> cites Dabula as saying:
<blockquote>
Operation Dudula has instructed its attorneys to apply for ‘direct access’ to the Constitutional Court on an urgent basis, with an intent to prevent the minister of home affairs [from extending the] ZEP.
If Zimbabwean permit holders were serious about legalising their stay in SA, [they] would have taken advantage of the opportunity presented by the department of home affairs. 
Failure to make representations could mean the current permit holders don’t have valid legal grounds to advance or consciously elect to ignore legalising their stay in SA. 
The minister of home affairs Dr Aaron Motsoaledi’s behaviour is consistent with that of Dr Joe Phaahla, who instead of instructing hospitals to report illegality taking place at public hospitals elects to tell South Africans he is contemplating making lawbreakers pay for medical service
</blockquote>
Dabula added that Operation Dudula said contravention of the Immigration Act is a criminal offence and should not be reasoned otherwise.
Home affairs recently extended ZEPs for another six months, from December 31 to June 30 2023. One reason for the extension was that the department had received few applications by Zimbabwean nationals for ordinary visas so far.
ActionSA echoed Operation Dudula’s remarks saying South Africa has been under the grip of crime, economic squeeze and unending social ills, “allegedly due to the influx of migrants and mostly by undocumented and illegal immigrants.” Added the party:
<blockquote>
The extension of the Zimbabwean special permit to June 2023 is, therefore, a mockery of our constitutional democracy and further chips away at the autonomy of our state and its function, especially on managing our borders.
</blockquote>
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Operation Dudula Approaches Courts Challenging Extension Of Zimbabwean Exemption Permits (ZEPs)

South Africa’s Home Affairs Department has urged thousands of Zimbabwean Exemption Permit (ZEP) holders to take advantage of the six-month extension to make representations as to why their permits should not be terminated.
Home Affairs Minister Aaron Motsoaledi said that only 9 000 out of the 178 000 permit holders have made representations.
Home Affairs spokesperson Siya Qoza said the department has reached out to all the 178 000 ZEP holders. He said:
<blockquote>
The permit itself has indeed expired. We are now in the grace period that the Minister has introduced to try to help people to apply or migrate to regular permits.
We have made every effort to reach out to them. There were letters that were written to each and every one of them individually because we do have a record of all the 178 000 people who are on this permit.
</blockquote>
Motsoaledi said the validity of the permit has been extended by a further six months to 30 June 2023. The initial expiry date was 31 December 2022. | <a href="https://www.sabcnews.com/sabcnews/home-affairs-hopes-zep-holders-will-take-advantage-of-permit-extension/">SABC</a>

South Africa Urges Zimbabweans To Take Advantage Of Permit Extension

Operation Dudula, an anti-immigrant group in South Africa, said the extension of Zimbabwean Exemption Permits (ZEPs) is an insult to South Africans.
On 02 September 2022, South Africa’s Home Affairs Minister, Aaron Motsoaledi announced the extension of the application period to 30 June 2023.
Motsoaledi, however, warned that there will be no further extensions.
Operation Dudula’s Kwena Molekwa said the South African government has betrayed its people by extending the deadline. Said Molekwa:
<blockquote>
But what is heartbreaking is the continuous betrayal of the ANC government toward the South African people because prioritising South Africans in South Africa seems like a wild concept…labour laws of this country have been undermined under this ZEP that is being placed illegally.
</blockquote>
Molekwa said they can’t continue to feel sorry for Zimbabweans considering that almost half of South Africans are unemployed. Said Molekwa:
<blockquote>
Yes, we did sympathise with the Zimbabwean people but we can no longer continue looking at the unemployment of South Africans, looking at 46% of South Africans that are on grants.
</blockquote>
On Saturday, Motsoaledi revealed that to date, the Department of Home Affairs (DHA) has received 9 000 visa waivers and 4 000 applications. | <a href="https://ewn.co.za/2022/09/04/zim-permit-extension-a-slap-in-the-face-of-south-africans-operation-dudula">EWN</a>

Operation Dudula Says ZEP Extension An Insult To South Africans

South Africa’s Home Affairs Minister Aaron Motsoaledi has said there will be no further extension of the Zimbabwe Exemption Permit (ZEP) beyond 30 June 2023.
On Friday, Motsoaledi announced the extension of the validity of the ZEP Visa by another 6 months, from 31 December 2022 to 30 June 2023.
Speaking on <a href="https://www.sabcnews.com/sabcnews/there-will-be-no-forever-extensions-for-zimbabwe-exemption-permits-motsoaledi/">SABC News</a> this weekend, Motsoaledi said ZEP holders should take advantage of the extension of the deadline to regularise their stay in South Africa. He said:
<blockquote>
There will never be any other extension. If anybody doesn’t want to take advantage of this extension, after 30 June 2023, then that is the end of the whole exemption permit.
</blockquote>
Motsoaledi also revealed that to date, the Department of Home Affairs (DHA) has received 9 000 visa waivers and 4 000 applications.
DHA said the reason for the extension is due to the low number of applications received from Zimbabweans to regularise their stay in the country.
At least 178 000 Zimbabweans are holders of the permit and those who fail to get alternative visas will have to leave South Africa.

There Will Be No Forever Extensions For ZEPs - Motsoaledi

South Africa’s Minister of Home Affairs Aaron Motsoaledi on Friday, 02 September 2022, issued a directive extending the validity of the Zimbabwean Exemption Permit (ZEP) by a further 6 months from 31 December 2022 to 30 June 2023. It reads”
<h2>MINISTER’S IMMIGRATION DIRECTIVE NO: 2 OF 2022</h2>
<h2>IMPLEMENTATION OF THE DECISION 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</h2>
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 Zimbabwean exemptions granted to Zimbabwean nationals for a further period of 6 months in order to allow the holders thereof to apply for one or other visas provided for in the Immigration Act that they may qualify for, hereby direct that this decision should be implemented as follows, during the further six months’ period, from 31 December 2022, ending on 30 June 2023:
1. No holder of the exemption 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 the exemption permit may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act
2. The holder of the exemption 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 not having valid permit indicated in his or her passport; and
3. No holder of exemption should be required to produce—
(a) a valid exemption certificate;
(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 the visas, including temporary residence visas.
Any enquiry related to the contents of this Directive, should be directed to Mr Yusuf Simons at Yusuf. Simons@dha.gov.za or at 082 809 2142.

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