Zimbabwean Citizens in South Africa
On 29 November 2024, the Department of Home Affairs, under Minister Dr. Leon A. Schriber, issued Government Gazette No. 51696 (Notice No. 5603), addressing all Zimbabwean Exemption Permit (ZEP) holders in terms of the Immigration Act (13/2002). The notice extends the validity of ZEPs until 28 November 2025.
This extension allows the department to fulfill the Gauteng High Court’s directive to consult with ZEP holders and other stakeholders about the future of the current dispensation.
Key Protections for ZEP Holders
Under this extension, no ZEP holder may:
- Be arrested, detained, or deported for lacking a valid exemption certificate.
- Be ordered to depart South Africa under section 34 of the Immigration Act.
For enquiries, contact the Department of Home Affairs at hacc@dha.gov.za.
Background: High Court Ruling
The extension follows the Helen Suzman Foundation and Another v Minister of Home Affairs and Others [2023] ZAGPPHC 2247; 32323/2022 judgment, which declared the termination of ZEPs unlawful and invalid. Key points of the court order include:
- The decision to terminate ZEPs and limit their extension to 12 months (ending 30 June 2023) was declared unlawful, unconstitutional, and invalid.
- The matter was sent back to the Minister for reconsideration, following a fair process under the Promotion of Administrative Justice Act (PAJA).
- Existing ZEPs are deemed valid for 12 months or until a fair process concludes.
Protections for ZEP Holders as per Immigration Directive 1 of 2021
ZEP holders:
- Cannot be arrested, detained, or deported for not having a valid exemption certificate.
- May enter or depart South Africa if other entry/exit requirements are met.
- Do not need to produce:
- A valid exemption certificate.
- An authorization letter under section 32(2) of the Immigration Act when applying for any visa category, including temporary residence visas.
Court Costs
The First Respondent and any parties opposing the application were ordered to pay costs, including those of two counsels (where employed), jointly and severally.
