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The Zimbabwe Community in South Africa has welcomed the extension of the Zimbabwe Exemption Permit (ZEP) scheme by the South African government for a further six months to 31 December 2023.
On Wednesday, 07 June, South Africa’s Home Affairs Minister Aaron Motsoaledi extended the validity of the ZEP permits which were expiring on 30 June 2023.
He extended the ZEP permits for a further period of 6 months, ending on 31 December 2023.
Speaking to <a href="https://www.voazimbabwe.com/a/7127518.html">VOA News </a>after Motsoaledi extended the ZEP Permits, Bongani Mkhwananzi, spokesperson of the Zimbabwe Community in South Africa, urged his compatriots to use the opportunity to regularise their status. Said Mkhwananzi:
<blockquote>
We welcome this directive and we are grateful to the minister for taking into consideration the plight of our fellow compatriots and also acknowledging that he is signing a lot of waivers and that many people have started applying for the waivers.
This extension should be used by our compatriots to migrate to the mainstream permits.
They should not take this extension just as a chance to stay and do nothing about their documents.
So, we encourage people to continue to apply for waivers as the minister has advised that he is signing these on a daily basis.
</blockquote>
Motsoaledi said the holder of a ZEP permit will be allowed to enter and exit South Africa, provided they comply with all entry or exit requirements.
ZEP holders would not be required to present an exemption permit or authorisation letter to remain in the country during the extension period.
During the economic and political strife in Zimbabwe in 2008 and 2009, many Zimbabweans fled to South Africa as economic and political refugees.
At the time, the South African government created a blanket exemption so that Zimbabweans could get permits to live and work legally.
The permits were effectively extended by creating another permit over the years, which has since become known as the ZEP.
More than 178 000 ZEP holders have been in South Africa for over a decade.
On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming the cabinet’s decision to discontinue the ZEP scheme.
The ZEP permits, which were due to expire on 31 December 2021, were automatically regarded as valid until 31 December 2022.
On 2 September 2022, the Minister of Home Affairs extended ZEP for an additional 6 months until 30 June 2023 to allow the holders to apply for one or another visa for which they may qualify in terms of the Immigration Act.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Zimbabweans Praise SA Government For Extending ZEP Permits Scheme

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

The South African Minister of Home Affairs has extended the validity of Zimbabwean Exemption Permits (ZEP) for a further period of 6 months.
The permits were set to expire on 30 June 2023 and following the extension, are now valid until 31 December 2023.
A statement issued on 07 June 2023, by South Africa’s Home Affairs Minister Aaron Motsoaledi reads:
<blockquote>
PRESS STATEMENT ON THE ISSUING OF MINISTER’S IMMIGRATION DIRECTIVE NO: 2 OF 2023, EXTENDING THE VALIDITY OF THE EXEMPTION PERMITS ISSUED TO THE ZIMBABWEAN NATIONALS
1. As you are aware, the Minister of Home Affairs (Minister) issued a directive in September 2022, extending the validity of exemption permits issued to Zimbabwean nationals to 30 June 2023. Since that time, significant developments took place.
2. The Minister has approved thousands of waiver applications for the affected Zimbabwean nationals. This has resulted in a significant increase in the number of visa and waiver applications. The Departmental Advisory Committee (DAC) led by Dr Cassius Lubisi is now dealing with the increased number of visa applications.
The Minister is equally considering and approving waiver applications on a daily basis.
3. Unlike before since May/beginning of June 2023, VFS Global is now receiving between 1 000 – 1 500 visa and waiver applications of the affected Zimbabwean nationals daily. For these reasons, the Director-General has deployed more officials to assist in the processing of the applications.
4. The Minister took into consideration the said factors, including (to a certain extent) submissions received from the affected Zimbabwean nationals, relevant officials of the Department of Home Affairs (DHA) and other interested parties and decided to issue another Immigration Directive, extending the validity of Zimbabwean exemption permits for a further period of 6 months, ending on 31 December 2023. A copy of the Directive is annexed hereto marked “A”.
5. The Minister’s Immigration Directive no: 2 of 2023, will be published in the Extraordinary Government Gazette tomorrow on Thursday, 8 June 2023
6. The Minister calls upon all interested parties to take into consideration the said Directive in their decision-making processes.
The Minister will be addressing a letter to the Minister of International Relations and Cooperation requesting her to issue a note verbale to bring the Directive to the attention of His Excellency, the Ambassador of the Republic of Zimbabwe.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

South Africa Extends ZEP Permits Expiry Deadline

Over 178 000 Zimbabweans who are holders of the Zimbabwean Exemption Permit (ZEP) have exactly a month to find alternative ways to regularise their stay in South Africa.
The ZEP is set to expire on 30 June 2023 when the grace period announced by the South African government to allow the holders to comply with the country’s immigration laws lapses.
More than 178 000 Zimbabwean nationals have been living, working and attending school in South Africa using the Zimbabwean Exemption Permit.
South Africa’s Department of Home Affairs discontinued the permit after it was first issued over a decade ago but three civil rights groups have challenged this move in the Pretoria High Court.
If the Pretoria High Court rules in favour of the Department of Home Affairs, thousands of Zimbabweans will be deported from South Africa.
<a href="https://ewn.co.za/2023/06/01/zep-zimbabweans-in-sa-have-a-month-to-find-alternative-ways-to-regularise-stay">EWN</a> reported that until recently, the Department of Home Affairs has been requiring Zimbabweans to apply for alternative permits such as the spousal or work permit but the process has been complicated.
Many who have opted for the work permit have had to travel back to Zimbabwe to start their application.
Zimbabweans have also been required to apply with the Department of Labour for exemptions if their skills are not considered scarce.
The Pretoria High Court reserved its ruling in the battle between Home Affairs and civil groups but time is running out for thousands of Zimbabweans who may soon find themselves as illegal migrants in South Africa.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Zimbabwean Exemption Permit Holders Left With One Month To Regularise Stay In SA

Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando has said they will appeal if the Pretoria High Court rules in favour of the South African Government in their court application on the discontinuation of the Zimbabwean Exemption Permit (ZEP).
Chitando is seeking the court to grant ZEP holders permanent residence in South Africa. 
ZEP expires on 30 June 2023 but there are no indications as to when the Pretoria High Court will deliver its ruling on the application by ZEPHA and other human rights organisations such as the Helen Suzman Foundation (HSF).
HSF has argued that the decision by South Africa’s Department of Home Affairs to terminate the ZEP scheme without proper public consultation is unlawful and wants the court to set aside the directive.
Asked on <a href="https://www.sabcnews.com/sabcnews/deadline-for-zimbabwean-exemption-permits-draws-near/">SABC News</a> what the plan was if the court rules in favour of the South African Government, Chitando said:
<blockquote>
The litigation has been brought not just by the Helen Suzman Foundation but also by several other parties.
If successful in that litigation… we will wait for the relief and the relief will give us direction about what will happen to the ZEP holders.
Some of the parties that have instituted the litigation sought permanent residence… which is what the institution I am representing is seeking while the Suzman Foundation wants the Government to reconsider their decision.
Either way, we are bound by the court decision and we do not know when it will take place.
If we are successful… the Government would have to take a decision on whether they are going to appeal the judgement and obviously if we are unsuccessful I can guarantee you that we would appeal the judgement that is not in favour of ZEP holders.
</blockquote>
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for “regular” SA visas.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Lawyer Representing ZEP Holders Vows To Appeal If Court Rules In SA Government's Favour

The Government is working with the International Organisation for Migration (IOM) to conduct a nationwide needs assessment and sensitisation exercise in preparation for the return of thousands of Zimbabweans from South Africa whose Zimbabwe Exemption Permits (ZEP) are set to expire on 30 June this year.
The <a href="https://www.chronicle.co.zw/sa-returnees-government-conducts-needs-assessment-exercise/">Chronicle</a> reported that five teams have been deployed to carry out the exercise which started on Sunday and will end this coming Sunday.
The teams will be visiting various Government departments, institutions and communities for data collection.
The teams visited Gwanda District for the data collection on Wednesday and on Friday, the team will move to Bulawayo while on Saturday it will be in Nkayi.
The teams will also visit Mutoko, Mutare, Chipinge, Buhera, Zaka, Mwenezi, Masvingo, Gutu, Kwekwe, Gokwe, Kadoma, Chegutu, Zvishavane, Chitungwiza, Epworth, Harare and Goromonzi.
In a statement, Foreign Affairs and International Trade Permanent Secretary James Manzou explained the main objective of the needs assessment. He said:
<blockquote>
As you would know, South Africa will not renew the Zimbabwe Exemption Permits expiring on 30 June 2023.
In response, the Government has put in place a repatriation and reintegration plan to cater for the anticipated arrival of hundreds of Zimbabwean citizens by 30 June.
As part of preparations for the arrival of those Zimbabweans, the Technical Committee on the return of Zimbabweans from South Africa will carry out a joint needs assessment and sensitisation exercise together with International Organisation for Migration across the country.
The teams that will go around the country are drawn from various Government departments so as to widen the scope of this exercise.
</blockquote>
The Zimbabwe Exemption Permit system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for “regular” SA visas.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ZEP: Govt Conducts Needs Assessment For South African Returnees

The expiry of the Zimbabwe Exemption Permit (ZEP) on 30 June 2023 will result in tens of thousands of Zimbabweans being forced to return home from South Africa.
This will force thousands of Zimbabwean schoolchildren to leave South Africa and enroll at local schools.
Last month, a full bench in the Gauteng High Court in Pretoria reserved its judgement in the case brought by the Zimbabwean Exemption Permit Holders (ZEPHA) and other civil society organisations against the South African Government.
ZEPHA is seeking permanent residence in South Africa for ZEP holders.
But with less than two months before the expiry of ZEP, the 178 000 beneficiaries and their children face an uncertain future.
In Zimbabwe, the Second Term commenced this Monday, 08 May, and the children of ZEP holders, who are likely set to return home mid-term, may find it difficult to adapt to the local education system.
No one knows whether the Gauteng High Court will nullify the discontinuation of ZEP by South Africa’s Department of Home Affairs or validate the decision which heightens the sense of uncertainty for ZEP holders.
If you are a ZEP holder or know someone who is a ZEP holder, kindly share how you/ they are preparing for your / their kids’ education in light of the imminent expiry of the special permit n the comments section below.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

School Going Children Of ZEP Holders Face Uncertain Future

Helen Suzman Foundation (HSF), director Nicole Fritz, and her family received threats on Twitter the day before the foundation’s court action to stop the discontinuation of the Zimbabwean Exemption Permit (ZEP) by South Africa’s Department of Home Affairs.
On 10 April, Twitter user one Freeman Bhengu (@zibuseman) warned they would deal with Fritz and her daughter. Wrote Bhengu:
<blockquote>
We are watching her and we know where she stays, her daughter, and their closed offices in Parktown, we will deal with her tomorrow @Nicole Fritz.
</blockquote>
The HSF, along with the Zimbabwe Immigration Federation and the Zimbabwean Exemption Permit Holders, are challenging in court the decision by the Department of Home Affairs to scrap the ZEP.
Around 178 000 ZEP holders will be affected by the decision.
The hearing started in the Pretoria High Court on 11 April.
<a href="https://www.groundup.org.za/article/twitter-threats-to-litigants-in-zimbabwean-exemption-permit-court-case/">GroundUp</a> reported Fritz as saying the threats are “enormously disturbing” and that those working in social justice or human rights should not experience such harassment.
She said other litigants were also receiving threats.
Meanwhile, the Global South Against Xenophobia (GSAX) has issued a statement calling on the South African Police Service (SAPS) and South African Human Rights Commission (SAHRC) to act.
GSAX urged SAPS to protect Fritz during the duration of the court hearings or until the perpetrators are arrested and to investigate all the threats.
Fritz said this isn’t the first time she has been threatened. She said the same person has emailed her in the past telling her that she is being watched.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Litigants In Zimbabwean Exemption Permit Court Case Receive Twitter Threats

The High Court in Pretoria is on Friday, 14 April 2023 expected to hear the third and final argument in the challenge against Home Affairs Minister Aaron Motsoaledi’s decision to discontinue the Zimbabwe Exemption Permit (ZEP) programme.
Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando, told <a href="https://www.groundup.org.za/article/zimbabwean-exemption-permit-intro-minister-acted-outside-his-powers-court-told/">GroundUp</a> they will ask the court to grant ZEP holders permanent residence in South Africa. He said:
<blockquote>
ZEPHA believes that ZEP holders have lived in South Africa long enough to become residents and have taken the view that continuous extensions are unfairly expensive and unlawful.
We have waited a long time for this hearing, and hope for a favourable decision from the Court.
</blockquote>
The termination of the ZEP scheme would mean that about 178 000 permit holders and their dependents will have to return to Zimbabwe or seek alternative visas or permits in South Africa.
Counsel representing the Zimbabwe Immigration Federation (ZIF) in the second application against South Africa’s Home Affairs Minister Advocate Tembeka Ngcukaitobi warned that forceful deportation of Zimbabweans would lead to human tragedy. Said Ngcukaitobi:
<blockquote>
It’s an impractical thing. How is South Africa going to expel so many people on the first of July? How is this going to happen practically?
It’s completely averse for the minister to refuse to extend the benefits until the judges have decided what to do with this…
It’s a truly perverse position to adopt that you want a decision to be enforced even though you know the human tragedy that will underpin any massive migration of people.
This is not voluntary migration, this is going to be forced migration because it has to be executed by law.
</blockquote>
ZIF is asking the court for an interim interdict to prevent the ZEP system from ending on 30 June 2023, so that ZEP holders will not be at risk of being declared illegal foreigners.
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for “regular” SA visas.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"ZEP Holders Now Deserve South African Permanent Residence Status"

A South African lawyer representing holders of the Zimbabwean Exemption Permit (ZEP) has argued that his clients will suffer irreparable harm should the Department of Home Affairs discontinue the scheme.
Advocate Thembeka Ngcukaitobi is representing 1 000 Zimbabwean nationals under the Zimbabwean Immigration Federation (ZIF) before a full bench in the Pretoria High Court.
ZIF is challenging the Department of Home Affairs’ decision to discontinue the ZEP programme.
Ngcukaitobi says the termination of the ZEP scheme will render the Zimbabwean nationals as illegal immigrants subject to arrest and forced deportation after the 30th of June this year. Said Ngcukaitobi:
<blockquote>
The simple question is, on the first of July 2023, what will happen to the 178 000 recipients of the ZEP programme?
What will happen to them?
It is common cause on the facts that overnight, they will be rendered illegal immigrants in South Africa.
That would mean either they deport themselves voluntarily but the facts show that they are unable to return to Zimbabwe for the reasons that will be articulated.
What it would then mean is that they would be liable to forced deportation.
Alternatively, they would be liable to arrest because they would have violated the provisions of the Act.
</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 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>

Zimbabwean Exemption Permit Holders Face Irreparable Harm, Says SA Lawyer

Lawyers representing South Africa’s Home Affairs Minister Aaron Motsoaledi on Wednesday said no rights will be taken away when the Zimbabwean Exemption Permit (ZEP) system comes to an end in June, reported <a href="https://www.groundup.org.za/article/zep-no-rights-were-taken-away-home-affairs-lawyers-tell-court/">GroundUp</a>.
The Pretoria High Court is hearing an application by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa to have the minister set aside the decision.
They are seeking the setting aside of the minister’s decision to terminate the ZEP system on 30 June 2023.
Advocate Ismail Jamie, counsel for the Minister of Home Affairs, told a full bench of the Pretoria High Court that there was no decision to terminate the ZEP system.
Rather, ZEP holders were given until June 2023 to regularise their stay in South Africa by applying for other visas or asking to be exempt from the expiration of the ZEP. 
Jamie said rights that were temporarily conferred in the first place had been allowed to lapse through the passage of time. He said:
<blockquote>
Just as the government was free to adopt (a visa exemption) policy in respect of Zimbabweans as it relates to the conditions prevailing in that country in 2008 and 2009, it is free to change that policy in 2023.
</blockquote>
Jamie said that consultation with ZEP holders will take place when ZEP holders apply for alternative visas or waivers.
Advocate Steven Budlender, for the Helen Suzman Foundation, argued that there was no consultation with affected parties either before or after the decision to terminate the ZEP system.
Jamie argued that it would be impractical to expect the government to have consulted 178 000 ZEP holders.
Budlender said Motsoaledi’s claim that it was impractical to get the opinions of 178 000 people as to how it would impact them was irrational, as this was standard procedure whenever legislation or policy is proposed by the government.
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 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>

SA Home Affairs Minister's Decision On ZEP Does Not Take Away Their Rights - Lawyers

Advocate Steven Budlender, who is representing the Helen Suzman Foundation (HSF) in the Pretoria High Court, has argued that the decision by South Africa’s Home Affairs Minister Aaron Motsoaledi to terminate the Zimbabwean Exemption Permit (ZEP) was irrational and procedurally unfair.
HSF is seeking a declaration that the Minister’s decision is unconstitutional, unlawful, and invalid and that it be set aside as well as a temporary order directing that, reported <a href="https://www.sabcnews.com/sabcnews/home-affairs-decision-to-terminate-zimbabwean-exemption-permit-is-invalid/">SABC News</a>.
Budlender on Tuesday argued that Motsoaledi should reconsider the decision to terminate the ZEP, following the proper process. He said:
<blockquote>
As we argue in our heads and in what follows, procedural rationality under the principle of legality required that ZEP holders and the public be afforded a hearing.
The foundation also argued that the decision was taken without the minister considering the impact it would have on the lives of ZEP holders, their children, and the broader public.
The inevitable effect of the minister’s decision is that, on 30 June 2023, tens of thousands of ZEP holders will be left undocumented.
This is due to the legal and practical barriers to securing alternative visas and permits.
… My client does not suggest and does not ask this court to find that the Minister may never terminate the ZEP programme.
That is not my client’s case and that is not the submission I make, but my client does say and I do submit that because any termination has such profound consequences in order to be valid, it must firstly, follow a fair and procedurally rational consultation process.
Secondly, be consistent with fundamental constitutional rights enshrined in our constitution and thirdly, be based on lawful, rational and reasonable grounds.
</blockquote>
The application by the Helen Suzman Foundation has been opposed.
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.
South Africa allowed ZEP holders with critical skills to apply for visas to remain in the country.
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.
This means that close to one million Zimbabweans will be negatively affected by South Africa’s decision to discontinue the ZEP scheme.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"SA Decision To Terminate Zimbabwean Exemption Permit Is Invalid"

The Helen Suzman Foundation (HSF)’s legal team on Tuesday, 11 April 2023 said terminating the Zimbabwean Exemption Permit (ZEP) scheme without proper public consultation is unlawful.
The Pretoria High Court is currently hearing a challenge that the HSF brought against the termination of the special permit for Zimbabweans by South Africa’s Department of Home Affairs.
<a href="https://ewn.co.za/2023/04/11/terminating-zep-without-proper-public-consultation-unlawful-hsf-tells-court">Eye Witness News</a> reported that in his opening address, Advocate Steven Budlender, for the foundation, said the termination of the ZEP programme will turn upside down the lives of people who had been in South Africa legally for several years.
Budlender argued that neither ZEP holders nor South Africans at large were given the chance to express their thoughts before the decision was taken. He said:
<blockquote>
We have a decision that is going to fundamentally change people’s lives and it’s a decision that was taken without any attempt to hear them first – a common cause.
It’s a decision that the minister has told these people repeatedly he will not reconsider.
… In a constitutional dispensation can a minister say to people who’ve been here 13 years lawfully: ‘I’m going to decide your fate, I’m going to put in place a decision which is going to decide your fate and which requires you effectively to leave the country’ – without hearing them first?
And we say, no. We say if the Constitution means anything, and if PAJA (Promotion of Administrative Justice Act) means anything and if the principle of legality means anything that could never be a proper view.
</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.
South Africa allowed ZEP holders with critical skills to apply for visas to remain in the country.
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.
This means that close to one million Zimbabweans will be negatively affected by South Africa’s decision to discontinue the ZEP scheme.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Terminating ZEP Without Proper Public Consultation Unlawful, South African NGO Tells Court

The North Gauteng High Court in Pretoria is this week expected to hear arguments challenging South Africa’s Department of Home Affairs’ decision to terminate the Zimbabwean Exemption Permit (ZEP) scheme.
The Helen Suzman Foundation, Zimbabwean Immigration Federation, African Amity and 29 others approached the courts seeking to have the termination of the permits declared unlawful.
In 2022, SA’s Department of Home Affairs announced that it would not renew the special dispensation for a fourth time since its inception in 2009.
More than 170 000 Zimbabweans are holders of the special permits which give them legal protection to live, work and study in South Africa.
However, the dispensation ends on 30 June 2023 and tens of thousands of ZEP holders are now facing an uncertain future.
South Africa allowed ZEP holders with critical skills to apply for visas to remain in the country.
The hearing in the case is expected to take place virtually until Friday.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

SA Court To Hear Arguments Challenging Termination Of Zimbabwe Special Permits

The government has said a mapping exercise in South Africa has revealed that Zimbabwe Exemption Permit holders (ZEPs) have low interest in returning to the country, <a href="https://www.news24.com/news24/africa/news/zimbabwe-to-give-counselling-to-zep-holders-returning-home-from-sa-20230405">reported News24</a>.
The permanent secretary of the Ministry of Public Service and Social Welfare, Simon Masanga, said the government will offer counselling for returnees after the expiry of their permits in South Africa.
In a speech presented at a government counselling and psychological workshop in Bulawayo, the second-largest city in the country, Masanga said:
<blockquote>
Sharpening our counselling skills is a way in which these committees (receiving the returnees) can be capacitated.
This training will empower the frontline officers to be equipped with skills to handle the returnees upon and post-arrival.
</blockquote>
This comes as Zimbabwe was ranked as the fourth unhappiest country in the world by the World Happiness Report for 2023.
The ZEP permits were meant to expire in December last year but a six-month extension was granted to 30 June 2023.
An estimated 180 000 Zimbabweans are in South Africa on ZEPs and by December last year, fewer than 10% had applied for the available mainstream visas.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"ZEP Holders Unwilling To Return To Zimbabwe"

Fikile Mbalula, the secretary-general of South Africa’s ruling party, the African National Congress (ANC), said that Zimbabwe will remain South Africa’s problem for a long time.
Mbalula made the remarks while speaking at an ANC Youth League fundraiser in Johannesburg on Wednesday morning, reported <a href="https://ewn.co.za/2023/03/08/issues-in-zim-will-be-sa-s-problem-for-the-longest-time-says-mbalula">Eye Witness News</a>.
He said South Africa will have to deal with Zimbabweans coming into the country in search of better living and working conditions.
Mbalula also called for the removal of sanctions imposed on Zimbabwe by the West, saying the United States of America and Britain wanted regime change. He said:
<blockquote>
We’ve got a problem here in Zimbabwe and it’s brewing. And you think it’s going to be the problem of the Americans; it’s going to be our problem for the longest of time.
Americans must give peace a chance… We need a roundtable; we need peaceful negotiations.
</blockquote>
Zimbabwe is expecting to receive tens of thousands of its citizens from South Africa in the coming months when their special permits (Zimbabwe Exemption Permit) expire on 30 June 2023.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Zimbabwe To Remain South Africa's Problem For A Long Time, Says ANC Secretary-general

The government has started re-registering and regularising some private schools that it had shut down last year.
This is being done to help absorb thousands of South Africa-based learners likely to join their parents coming back home in the coming months following the expiry of their Zimbabwe Exemption Permits (ZEPs).
Speaking to <a href="https://www.newsday.co.zw/local-news/article/200006997/govt-re-registers-closed-schools-to-absorb-returnees-children">NewsDay,</a> Ministry of Primary and Secondary Education Director of Communications and Advocacy, Taungana Ndoro, said:
<blockquote>
Processes are underway to put in place measures to adopt the learners into local schools.
We have those schools that we call non-governmental or private schools that are in the process of being registered and regularised, and the government is building more schools.
We are also encouraging private players to play their role and make sure we have enough schools to cater for the deficit, particularly in the highly-populated areas.
</blockquote>
Zimbabwe has a student population of six million but has a deficit of 3 000 schools.
Progressive Teachers Union of Zimbabwe (PTUZ) president Takavafira Zhou said that local schools will struggle to accommodate the children of returnees. Zhou said:
<blockquote>
We will have bloated classes. Resources like chairs, books and others will also be in shortage.
We would have hoped that the government would engage its South African counterpart for a gradual return of our people instead of a once-off flooding of returnees.
We know that an additional number of learners will worsen the plight of learners in schools.
</blockquote>
Zimbabwe Teachers Association secretary-general Goodwill Taderera said:
<blockquote>
No doubt those learners will be crammed in classes because already the teacher-pupil ratio was abnormally high.
Teachers are very committed but the government should now take this issue seriously to avoid worsening the situation.
</blockquote>

Govt Says It Will Regularise Deregistered Schools To Absorb Children Of ZEP Holders

Zimbabwean ambassador to South Africa David Hamadziripi has denied accusations that the government is working on assisting ZEP holders to woo them to vote for ZANU PF in the upcoming general elections.
Addressing the media in Pretoria, South Africa on Thursday, Hamadziripi said the embassy will assist those who want to return home and will provide transport for them. He said, as quoted by <a href="https://www.sabcnews.com/sabcnews/helping-zimbabwean-permit-holders-not-a-political-ploy-ambassador/">SABC News</a>:
<blockquote>
This exercise it has absolutely nothing to do with the upcoming elections in Zimbabwe.
It is not the government of Zimbabwe that took the decision that the ZEP is going to end on the 30th of June.
I think it’s typical cynicism translating everything into a political gamble. No, we are talking about people’s lives here.
</blockquote>
Hamadziripi also said he didn’t know how many undocumented and documented Zimbabweans were living in South Africa. He said:
<blockquote>
We don’t process entry into South Africa. Documented and undocumented Zimbabweans enter South Africa through various ports of entry.
South Africa doesn’t share with us the number of documented and documented compatriots.
</blockquote>

Helping Zimbabwean Permit Holders Not Politically Motivated - Ambassador

The Embassy of Zimbabwe in Pretoria on Thursday launched a mapping exercise in anticipation of the return of tens of thousands of Zimbabwe Permit holders from South Africa.
The mapping exercise, which was launched by Zimbabwe’s ambassador to South Africa, David Hamadziripi, will be in two phases.
The first phase will entail online registration, while the second phase will be for in-person registration.
A statement issued by the Embassy of Zimbabwe in Pretoria on 02 February 2023, reads:
<blockquote>
It will be recalled that on 29 November 2021, the government of the Republic of South Africa announced that it was not renewing the Zimbabwe Exemption Permits (ZEP) which were then due to expire on 31 December 2021. 
It gave the ZEP holders a one-year grace period, up to 31 December 2022 to apply for waivers or for other visas. 
Subsequent to that announcement, the Minister for the Department of Home Affairs, announced on 2 September 2022 that the validity of the ZEP had been extended to 30 June 2023.
Since the announcement of the decision by the government of South Africa to not renew the ZEP, the government of Zimbabwe has stated, on numerous occasions, its readiness not only to welcome but also to facilitate those ZEP holders who wish to return to Zimbabwe.
In order to adequately prepare to do so, the Embassy and the Consulates of Zimbabwe will be conducting a mapping exercise to identify and register ZEP holders who wish to return home. 
The mapping exercise will be conducted in the course of February and March 2023, across all the Provinces of South Africa. 
This exercise is composed of two parts, the first being an online registration, while the second part involves physical visits by multisectoral teams to designated areas across South Africa. 
The teams will comprise officials from the Embassy, the Consulates and several government Ministries.
<h2>Phase 1</h2>
The first phase will entail an online registration where those who wish to be assisted are invited to register their details on that platform. 
The online registration will be open from 02 February to 03 March 2023. The details of the registration are as follows:
1. Link for registration
<a href="https://my.forms.app/form/63d6907a67afd02358f7346d">https://my.forms.app/form/63d6907a67afd02358f7346d</a>
2. Contact numbers, WhatsApp only:
Embassy in Pretoria: +27 637126156
Consulate in Johannesburg: +27 828249435
Consulate in Cape Town: +27 699116717
<h2>Phase 2</h2>
On dates to be announced soon, registration centres will be opened across South Africa for in-person registration.
The Embassy takes this opportunity to remind Zimbabwean nationals living in South Africa to be law-abiding citizens and respect the laws of the land.
</blockquote>

Embassy of Zimbabwe In SA To Register ZEP Holders

Several South African lobby groups met on Wednesday to discuss the upcoming court bid to oppose the SA government’s decision to scrap the Zimbabwean Exemption Permit (ZEP).
The case is set to be heard at the High Court in Pretoria from 11 to 14 April.
The event was organised by the UCT Refugee Rights Unit and the Centre for European Policy Studies.
Speaking at the event a lawyer representing the applicants in the Helen Suzman Foundation (HSF) court bid said the SA Minister of Home Affairs failed to consider the Constitutional rights of children born and raised in South Africa in the decision to scrap the permits. He said:
<blockquote>
The core relief is to get the decision to terminate the ZEP and that some form of interim measures be in place to protect ZEP holders until the minister can take a proper decision.
</blockquote>
Almost 180 000 permit holders now face deportation if they cannot find alternative legal permission to live in South Africa.
Portia (not her real name) who has a Ph.D. in Law at the University of Cape Town (UCT), said the SA government’s decision has drained her emotionally.
Portia, who moved to South Africa when she was 16 years old and is currently doing a post-doc at UCT, said:
<blockquote>
How can I be in a country, where I came as a minor and be expected to pack my bags to go to Zimbabwe?
My attachment to Zimbabwe is not as strong as it is to South Africa. My whole education was in South Africa…
I obtained my Bachelor’s degree, Masters and completed Ph.D. using ZEP. … I can’t explain how much this fiasco is affecting me mentally and my career.
</blockquote>
Tendai (not his real name), said he has been teaching science at a high school for 13 years.
His son is doing his second year at university and his daughter is in matric this year. He said:
<blockquote>
We were considered supporters of the opposition party MDC and so I ran away and to South Africa. My youngest child was two and my son was in grade 2.
I have contributed a lot to South African society and have been a loyal taxpayer. This is where my life is centred.
I have built my whole life around Cape Town. Going back to Zimbabwe at this time – I don’t know where I would start.
How’s my daughter going to finish school? I will fail to provide for my child.
Am I going to terminate my children’s education so that she doesn’t have a future anymore?
The emotional stress we have to go through [is too much].
</blockquote>
The SA government gave ZEP holders until the end of June 2023 to apply to remain in South Africa on a critical skills permit, though very few of them meet the stringent critical skills criteria. | <a href="https://www.groundup.org.za/article/court-bid-to-oppose-zep-scrapping-set-for-april/">GroundUp</a>

Zimbabwe Exemption Permits Court Challenge Set For April

The Zimbabwe School Examinations Council (ZIMSEC) says school-going children of Zimbabwe Exemption Permits (ZEP) holders are expected to produce valid examination results when they return to Zimbabwe.
The examination results will be measured using the qualification equivalence grade conversion system so that they can be admitted to further their education.
For learners who may not have sat for examinations yet in South Africa but want to return to school in Zimbabwe, they will be assessed at the school level by the Ministry of Primary and Secondary Education.
ZIMSEC public relations manager Nicky Dlamini said admittance into primary and secondary education will be measured by syllabus coverage of the learners from South Africa which will determine where they will be placed to continue with their education before they sit for public examinations. She said:
<blockquote>
The grade conversion is what is termed ‘Qualifications Equivalence’. This is a process where candidates have their grades equated to the grading standards of the country in which they wish to continue their education.
For instance, candidates would need to get an equivalence of their Matric to Zimsec qualifications so as to know which level they have attained according to the educational system in Zimbabwe.
All examination boards have a standard that they abide by when conducting equivalence.
The syllabus of the country of origin and the syllabus of the country in which they wish to study are compared and contrasted. The assessment models and instruments are also used.
These standards are according to assessment standards set and regulated by the Southern African Association for Education Assessment (SAAEA), Association for Education Assessment for Africa (AEAA), and the International Association for Education Assessment (IAEA).
</blockquote>
Dlamini said parents and guardians will be required to pay Equivalence of Qualifications which costs US$15 and is payable in local currency at the interbank rate of the day.
The process takes a maximum of 48 hours and learners must provide their original certificates awarded by the examining board.
Zimbabwe is expecting to receive tens of thousands of citizens in the coming months from South Africa when their ZEP permits expire. | <a href="https://www.sundaynews.co.zw/zimsec-clarifies-guidelines-for-learners-from-south-africa/">The Sunday News</a>

ZIMSEC Speaks On Guidelines For Learners From 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"

Zimbabwean Exemption Permits (ZEPs) holders who applied for waivers are anxiously waiting for a response from the South African government, with just five and a half months remaining before the permits expire.
Visumuzi Sibanda, who is the leader of the African Diaspora Global Network, a migrant-rights organisation located in South Africa, claimed that the SA government has hitherto said nothing further about the extension or responded to new applications. Said Sibanda:
<blockquote>
The major news we had was in October when the court hearing to challenge the termination (launched by the Helen Suzman Foundation) was postponed to the beginning of February this year after the Minister of Home Affairs said they still need more time to prepare.
According to the Minister of Home Affairs, less than 9 000 people in total made applications for either waivers or mainstream permits.
But up to date, since people started applying in 2021, they have not received any decision whatsoever.
The Department of Home Affairs has not said anything.
</blockquote>
Sibanda said applying for new permits is challenging for ZEP holders as South Africa’s regulations state that applicants must have scarce skills to be granted permits. He said:
<blockquote>
People were told they need to apply for mainstream visas so those that qualify should stay, meaning people can apply for work visas.
Applying for a work visa ideally means one has scarce skills but according to the new rules and regulations, it doesn’t mean you must only have a scarce skill but have a permanent job and a company that has offered the permanent job.
That company must have also advertised that job and found nobody in South Africa who can fill in that particular position.
This is the main visa that people must qualify for because the general visa no longer exists in South Africa unless one has a relative visa, where you’ve been married in South Africa.
</blockquote>
Sibanda said the extension announced by the South African government was verbal and published in a gazette but was not reflected on the holders’ passports.
As a result, the ZEP holders do not have proof at hand that they are legally residing in South Africa. He said:
<blockquote>
If you are arrested the matter may be postponed for seven days so that Home Affairs can ascertain whether your permit is valid or not.
Some people are losing their jobs because employers now cannot keep them in employment when they don’t see any valid visa and because of the new laws from the Department of Labour that prohibit the employment of foreigners.
</blockquote>
He added that some banks are holding onto money belonging to ZEP holders and will not release the money, demanding that Zimbabwean nationals bring valid passports. |<a href="https://cite.org.zw/zimbabweans-in-sa-in-limbo-over-zeps-waiver-applications/"> CITE</a>

ZEP Holders Anxious Over South Africa's 'Silence' On Waiver Applications

The government has assured Zimbabweans that will be repatriated from South Africa in the coming months that they are free to return home and will be welcomed with open arms.
Tens of thousands of Zimbabweans are set to return home or be deported by South Africa after 30 June 2023 when their Zimbabwean Exemption Permits (ZEP) visas expire.
In 2021, the South African government announced that it will be renewing critical skills visas and permits only, and not ZEPs.
In an interview with the Sunday News, Zimbabwe’s Home Affairs and Cultural Heritage Deputy Minister, Ruth Maboyi-Ncube, said:
<blockquote>
They (Zimbabweans) must not be scared as they are returning home. We are ready to welcome them. We have already started making preparations to ensure their smooth return.
We will ensure that [those of school going age] will get into our schools as long as they can produce proof of schooling in South Africa. We will then blend them with other learners in our schools.
We are yet to meet with the relevant Ministry and discuss the finer details regarding schooling but we see no challenges.
</blockquote>
Maboyi-Ncube said the government will ensure that returnees will get identity documentation on their return. She said:
<blockquote>
Our processes have not changed. When they come, they must go straight to the registry department and get national Identity Documents and passports.
For those who do not have birth certificates, we encourage them to seek birth records from South Africa where they will have been born so that we ensure they get documents here.
</blockquote>
Regional Immigration Officer responsible for the Southern Region Joshua Chibundu said:
<blockquote>
We have documented Zimbabweans who have valid passports, then there are others who have no passports or other supporting documents.
So, what we have been doing for those who voluntarily return or self-repatriate is to establish if they are Zimbabwean or not and we do that via interviews.
If we are satisfied that indeed they are Zimbabwean we allow them back into Zimbabwe. This is what is going to happen for the returnees we are expecting too.
We have no business denying them entry if they do not have any documentation as we will now be rendering them stateless if we refuse them entry back into the country.
</blockquote>
Reports indicate that out of about 170 000 ZEP holders, less than 10 000 have applied for alternative visas to regularise their stay in South Africa after the 30th of June 2023 deadline. | <a href="https://www.sundaynews.co.zw/government-speaks-to-sa-returnees-have-no-fear/">Sunday News</a>

Govt "Ready To Welcome" South Africa Returnees

Thousands of Zimbabwean parents whose Zimbabwean Exemption Permits (ZEPs) are set to expire in June 2023 and have failed to acquire other permits to continue residing in South Africa are worried about their children’s transition from schools in South Africa.
GroundUp spoke to several Zimbabwean families who were affected by the discontinuation of the ZEP and they indicated that they have started making arrangements to move to Zimbabwe.
Parents who spoke to the publication said there are major differences between the education systems in Zimbabwe and South Africa.
Melody Chaurura, the Zimbabwean Consul-General in South Africa, said that they are still consulting government departments in both countries to address the issue.
The Politeness Foundation, which was formed in Zimbabwe in 2018 to empower people living with disabilities, expects more than 5 000 children to be accommodated in Zimbabwean schools in 2023.
Founder of the Politeness foundation, Polite Mbowa, said they are appealing to the Zimbabwean government to allow learners [relocating from SA] to proceed to the next grade following assessments of the learner’s ability.
Union of Zimbabwean Educators Western Cape said that about 180 of its 250 members have indicated that they are willing to return to Zimbabwe but most of them fear that they won’t find jobs. Union chairperson, Jack Mutsvairo, said:
<blockquote>
The Zimbabwean government should be specific on how it is going to assist returning residents. At the moment it is just promising to assist. There should be something published.
This should include how learners are going to be integrated into the Zimbabwean education system. At the moment returnees are not sure of the fate of their children.
</blockquote>
Last year the South African government announced that after 12 years it is now scrapping the ZEP.
The ZEP permit was to expire at the end of December 2022, leaving almost all of the nearly 180 000 permit holders undocumented. |<a href="https://groundup.org.za/article/no-clear-plan-for-state-assistance-to-families-voluntarily-returning-to-zimbabwe/"> GroundUp</a>

Zimbabwean Parents Worried About Children's Move From Schools In South Africa

South Africa-based 23-year-old Fine Arts student Musa Nyathi faces an uncertain future as he is among tens of thousands of Zimbabweans who will be forced to leave the country by June next year after the expiry of their special permits.
Nyathi, who has lived in South Africa for 14 years since the age of nine, has been languishing at home for the last ten months.
2021 was meant to be the last year of his studies at the Tshwane University of Technology but failing one of his modules meant he would have to register in 2022 to complete his degree. He told <a href="https://www.sabcnews.com/sabcnews/zimbabwean-permit-holders-helen-suzman-foundation/">SABC News</a>:
<blockquote>
I had a problem when I applied for my visa application late last year. I was told that I would have a certain grace period but when I went to apply they told me that the grace period is for refugees and people under that category.
</blockquote>
Nyathi said his attempt to explain to the Department of Home Affairs the circumstances relating to the week’s delay in submitting his visa application was ignored. He said:
<blockquote>
I’m not sure what kind of reasons they were looking for because there were actually unforeseen circumstances.
I was expecting to complete my course last year and by the end of the year move back home but due to the COVID-19 regulations and the like, we ended up having our exams later on the latest in early December.
</blockquote>
Since 2008, Nyathi’s mother has done everything possible to ensure that the family is on the right side of the law with regard to its immigration status.
The Department of Home Affairs said it was still investigating why eight months after Nyathi appealed its decision to reject his visa application, he is still waiting for a response despite a number of follow-up inquiries. Said Nyathi:
<blockquote>
I honestly just want to complete my course because I only had a single module left that I was unable to complete last year but if I am free to do so I may freely leave the country.
</blockquote>
According to the Helen Suzman Foundation, however, Nyathi’s situation is happening all too often as the expiry of the ZEP in June next year approaches.
The Foundation, and other immigration stakeholders, believe South Africa’s Department of Home Affairs lacks the capacity to deal fairly with Zimbabweans seeking to regularise their stay in the country and therefore must be made to reconsider its decision by the courts.

"SA's Home Affairs Lacks Capacity To Deal With Zimbabwean Permit Holders"

Thousands of Zimbabwean nationals residing in South Africa whose special permits expire at the end of this year can now bring back all their belongings duty-free, including one vehicle, a Cabinet minister has said.
Addressing journalists during a post-Cabinet briefing in Harare on Tuesday, Information minister Monica Mutsvangwa said there are no limits to personal property that one can bring back home. She said:
<blockquote>
The Zimbabwean Government has issued guidelines and regulations for returning residents which include one duty-free vehicle and no limits to personal property.
Government has also engaged the South African government, emphasising that Zimbabwe is ready to receive its returning nationals, who should comply with the relevant South African laws.
</blockquote>
Zimbabwe expects tens of thousands of its nationals to be deported from South Africa following the expiry of Zimbabwe Exemptions Permits (ZEP) which South Africa had granted them.
Zimbabwean ZEP holders in South Africa were given up to 31 December 2022 to regularise their stay or face deportation. SA later extended the permit’s validity to June 30 of next year.
Mutsvangwa added that Cabinet had agreed to establish an inter-ministerial committee that would be supported by sub-committees that would look at the provision of transport and logistics, security, documentation, re-integration support, resource mobilisation, information and publicity as well as health and education.
About 189 000 Zimbabweans held the ZEPs and the bulk of them face deportation after failing to get fresh permits under other schemes.

Govt Extends Duty-free Facility To Citizens Returning From South Africa

South Africa’s Minister of Home Affairs, Aaron Motsoaledi, this week said police are allowed to spot-check foreigners to ascertain whether they were legally in the country.
Motsoaledi was briefing the home affairs portfolio committee on the backlog in permit appeals for asylum seekers and refugees. He said:
<blockquote>
Police have the right to stop and ask about documentation. It doesn’t have to be production or physical documentation like during apartheid days, meaning you are not forced to carry documents in your pockets everywhere you go.
</blockquote>
He said documents will be checked against the national population register. Said Motsoaledi:
<blockquote>
It’s something that can be done on the spot and it will be a pity if somebody has to be arrested because we have to do a manual check.
</blockquote>
The Minister also revealed that four refugee centres, in Durban, Pretoria, Gqeberha and Musina, had been reopened after a two-year closure due to COVID-19.
The Cape Town refugee office is set to be reopened by the end of September.
On the possible reason why only 4 000 out of 178 000 Zimbabwean exemption permits (ZEP) holders had applied for visas to legalise their stay in SA, Motsoaledi said:
<blockquote>
I wouldn’t say they’re showing us the middle finger. I’d say they have been convinced by these court cases that they shouldn’t bother [applying] because they believe this matter is going to be thrown out by the courts.
</blockquote>
| <a href="https://www.timeslive.co.za/news/south-africa/2022-09-22-police-allowed-to-conduct-spot-checks-on-foreigners-motsoaledi/">TimesLive</a>

SA Police Allowed To Conduct Spot Checks On Foreigners

Zimbabwean teachers in the Western Cape, South Africa, have welcomed the extension of the Zimbabwean Exemption Permits (ZEP) by the South African government.
SA Home Affairs Minister Aaron Motsoaledi recently told the country’s Parliament that he had extended the ZEPs by another six months to 30 June 2023 after being advised by senior counsel.
Meanwhile, the Zimbabwean teachers have called for the relaxation of visa requirements and affordable waivers which currently cost R6 000, a figure they consider too high.
Union of Zimbabwe Teachers Western Cape spokesperson Jack Mitsvairo said the extension has brought relief to teachers.
He said the alternative visas disqualified teachers with primary school qualifications and those who taught English, Geography and History. Added Mutsvairo:
<blockquote>
A lot of us have been working as teachers here for 15 years. We pay taxes and we are not a drain on the fiscus at all.
Our appeal to the government is to look at professionals who have employment contracts that are more than five years. These people should get permits of some sort.
</blockquote>
| <a href="https://www.iol.co.za/capeargus/news/teachers-welcome-extension-of-zimbabwean-exemption-permits-call-for-waivers-b1e42337-fe47-4281-b835-ce3377b8408c?__cf_chl_tk=uLi5YVlaqx_yFxvF6SQMKEikzpQ_bQCoevevxfEIgDk-1663306615-0-gaNycGzNEP0">IOL</a>

Zimbabwean Teachers Welcome ZEP Extension, Call For Waivers

Some Zimbabweans trying to leave South Africa at the Beitbridge border are being stopped from returning, by border guards, because they do not have valid documents, reported <a href="https://groundup.org.za/article/home-affairs-silent-over-treatment-of-zimbabweans-at-beitbridge-border/">GroundUp</a>.
Those who spoke to the publication said they eventually crossed the border through unofficial routes.
An informal trader who spoke to GroundUp said she had decided to return home due to xenophobia in South Africa. She said:
<blockquote>
I cannot stand the current wave of vigilantism in South Africa. The only possible option is to go back home to Zimbabwe.
The wave [of xenophobia] seems to be spreading to all provinces. It’s better I leave before this life-threatening situation is upon us.
</blockquote>
She said she used to travel home almost every two weeks to visit her two children.
<blockquote>
But since 2011, as the situation in Zimbabwe continued to deteriorate, she decided to stay in South Africa and run her informal business.
</blockquote>
She said wants to return home but cannot do so under the new border rules. She said:
<blockquote>
We are ordered to go back to South Africa, but if we go back, we risk being arrested. We are really stuck.
</blockquote>
South Africa recently introduced 200 armed Border Management Authority (BMA) guards in Musina, Limpopo.
The guards are deployed at five “identified vulnerable parts” of the border and work with members of the South African National Defence Force (SANDF).
Meanwhile, 178 000 Zimbabwean Exemption Permit (ZEP) holders will be deemed illegal migrants in South Africa if they fail to regularise their stay in the country before the expiry of the six-month extension on 30 June 2023.
The ZEP permit was to expire at the end of December 2022 before it was extended by another six months but many families are still opting to voluntarily return to Zimbabwe.

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