FOLLOWING the extension of the validity of Zimbabwean Exemption Permits (ZEP) by a further six months, legal experts are advising Zimbabweans to use this time to submit either a waiver or visa application as soon as possible.
The extension was made on recently by Department of Home Affairs (DHA) Minister Dr Aaron Motsoaledi. The minister said he took all factors into consideration and decided to extend the ZEP for a further six months.
“ZEP holders are encouraged to treat this extension as being the last one to be granted by DHA of unless the Minister’s decision is overturned,” said Hedda Schensema, Director in the Employment Law practice at Cliffe Dekker Hofmeyr.
Schensema said employers are also encouraged to provide ZEP with as much assistance as possible to apply for alternative work visas to ensure that they can continue to reside and work in South Africa after 31 December 2023.
There are about 773 000 Zimbabweans settled in South Africa who are in search of better employment prospects, according to 2022 census data from ZimStats. There are about 178,000 Zimbabwean exemption permit holders.
In September last year, Motsoaledi extended permits until June 2023. Since the initial extension, Motsoaledi has approved thousands of waiver applications of the affected Zimbabwean nationals.
Taryn York, an associate in the Employment Law Practice at Cliffe Dekker Hofmeyr, said the surprising announcement by the cabinet not to extend the ZEPs after 31 December 2021 gave rise to numerous applications being instituted against Motsoaledi’s department.
York said the main challenges to the Minister’s decision were based on, among other things, making a decision without consulting the public or ZEP holders, which deprived all of the protection afforded to them in terms of the constitution.
“The Minister could therefore not have been aware of the impact of his decision on ZEP holders who have not only built their lives in South Africa, but also contribute so much to the South African economy, prior to terminating the ZEP.
“The devastating effect the abrupt termination of the ZEPs would have on the ZEP holders and the best interests of their children.”
York said the crux of the argument was that the Minister unjustifi ably limited the constitutional rights of ZEP holders, as well as their children, which include the rights to dignity and basic education.
The judgment on the litigation is expected to be handed down by the end of June 2023. “If the Minister’s decision is upheld, ZEP holders who have not obtained alternative visas, as well as their families, will have to disrupt the only lives they have ever known in order to leave South Africa,” York added. —IOL