More than 180 000 Zimbabweans living in South Africa under a temporary status could be deported in June 2023 if the Department of Home Affairs does not change its stance on the exemption permits.
Home Affairs won’t renew Zimbabwe Exemption Permit in June 2023
Following years of litigation and exhaustive extensions, Aaron Motsoaledi’s ministry has resolved to cut off more than 180 000 Zim Exemption Permits (ZEP) in two months, citing it is for their benefit.
Speaking to eNCA, Motsoaledi explained the initial intention behind the ZEP was to grant foreign nationals a short stay in South Africa with no entitlement “to any type of visa.”
“You are not supposed to apply for permanent residency, regardless of how many years you’ve stayed. You are not supposed to apply for spousal visa, even if you get married, meaning the law in South Africa that says when you marry a South African you can start applying for permanent residency and for citizenship, does not apply to them,” Motsoaledi said.
The Home Affairs minister added that the emotional turbulence of the contentious immigration quagmire is too much to bear for ZEP holders and, in the view of the South African government, the only reprieve available is to end the programme and ship more than 180 000 foreign nationals back to their country of origin.
“I don’t think it’s fair even for us South Africans to want people to remain temporary forever when their lives are moving. Many have already got married but they are finding it very tough because the agreement was that, in fact they are breaking the law, some of them if I may say so, the agreement of the [ZEP] is just being ignored,” the minister explained.
This week, a court will hear arguments from the Home Affairs Department and the Zimbabwean Exemption Permit Holders Association (ZEPHA) and, if the government has its way, more than 180 000 permit holders could be deemed illegal immigrants and deported.
What is a Zimbabwean Exemption Permit?
At a time when scores of Zimbabwe escape the harsh conditions of their country, South Africa was one of the SADC allies that opened its doors to the refugees.
To mitigate the huge influx of undocumented foreign nationals, the South African government, in 2014, introduced the Zimbabwean Special Dispensation Permit system which granted nationals from Zimbabwe to legally reside within SA borders.
The temporary permit had a 2017 expiry date and when that lapsed, the Department of Home Affairs, allegedly pressured by the Emmerson Mnangagwa regime, extended the stay of more than 200 000 with the renewed exemption permits.
This version of the ‘free pass’ came with the condition that Zimbabweans would enjoy limited access to permanent residency but once the permit expires in December 2021, it will not be renewed.
With the clocking winding closer to the deadline date, Zim nationals are drawing from the ambits of the Immigration Act to convince the Gauteng High Court to approve their permanent residency in South Africa, a decision that would grant them access to a South African ID.