South Africa’s Department of Home Affairs announced an extension of the validation of the Zimbabwean Exemption Permits (ZEP) until November 28, 2025.
This decision made by Minister of Home Affairs Leon Schreiber, will allow time for consultation with affected ZEP holders and stakeholders on the future of the current dispensation.
The extension comes after a court ruling that declared the Minister’s decision to terminate the ZEP as procedurally unfair and unconstitutional.
The ruling, made by the Pretoria High Court, affected approximately 178,000 Zimbabwean nationals who hold the permit.
“I, Dr L. A. Schreiber, MP, Minister of Home Affairs, with the powers bestowed upon me in terms of section 31(2)(b) of the Immigration Act, (“Immigration Act”) have decided to extend the validity of the Zimbabwean Exemption Permits (‘ZEP’) until 28 November 2025 in order for me to fulfill the duty placed on me by the Gauteng High Court to consult the affected ZEP holders and all other stakeholders on the future of the current dispensation,” the Minister stated in a statement.
“The reactivation of the Immigration Advisory Board (‘IAB’) is currently underway and its first task will be to consider, advise and enable the steps required for compliance with the Order of the High Court on the future of the ZEP.”
He added: “In order to give the IAB time to properly do its work, and a fair process to be followed, I direct that:
….existing ZEPs shall be deemed to remain valid for the next (12) twelve months; no holder of a ZEP may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate;
“….the holder of an exemption certificate may be allowed to enter into or depart from the Republic of South Africa in terms of section 9 of the Immigration 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 a valid visa endorsed in his or her passport.”
The Minister further announced that no ZEP holder should be required to produce a valid exemption certificate, visa or an authorisation letter to remain in South Africa as contemplated in section 32(1) of the Immigration Act when making an application for any category of the visa for temporary sojourn in the Republic as contemplated in section 10(2) of the Immigration Act.
ZEP holders are individuals who hold a special permit, allowing them to live and work in South Africa. The permit was introduced in 2009 to provide a safe haven for Zimbabweans fleeing economic and political instability in their home country.
The extension of the ZEP validation provides temporary relief for holders who were facing uncertainty and potential deportation. The long-term fate of the ZEP, however, remains uncertain, with the South African government yet to announce the ultimate fate of the exemption permit.
