Uncertainty grips over 180 000 ZEP holders

Approximately 180,000 Zimbabwe Exemption Permit (ZEP) holders in South Africa have been left uncertain about their long-term status after conflicting statements from the Department of Home Affairs and its deputy minister sparked renewed anxiety over possible pathways to permanent residency.

Confusion emerged after Deputy Minister Njabulo Nzuza suggested in a televised interview that applying for permanent residency could be a "viable path" for Zimbabwean nationals seeking to remain in South Africa beyond the permit's expiry.

However, the Department of Home Affairs swiftly issued a clarification stating that there had been no change in policy.

"Consistent with the conditions of their permits, the holders of ZEP do not qualify for permanent residence permits," the department said.

The ZEP scheme, introduced in 2009 to regularise Zimbabweans who migrated during periods of economic instability, is currently set to expire on May 29, 2027, following an 18-month extension granted in October 2025.

The contradictory messaging has heightened uncertainty among long-term residents, many of whom have lived and worked in South Africa for nearly two decades.

Legal representative Advocate Simba Chitando, who acts for the Zimbabwe Exemption Permit Holders Association, said the situation reflects ongoing instability around the future of the programme.

"We have been arguing for a right to permanent residency since the ZEP was first cancelled," he said, adding that there has been no formal policy change issued by the department.

The legal and policy framework governing the programme remains shaped by a 2023 Gauteng High Court ruling, which found that the former Home Affairs minister had acted unconstitutionally in attempting to terminate the scheme without adequate public consultation.

A court-ordered consultation process is still underway, with a report expected to be submitted to Cabinet before the end of the 2026–27 financial year.

Further uncertainty has been compounded by ongoing litigation. In March 2026, the Supreme Court of Appeal dismissed a ministerial appeal, allowing arguments to proceed that only Parliament has the authority to terminate the programme where constitutional rights are affected.

At the same time, anti-immigration group Operation Dudula is pursuing a separate legal challenge aimed at overturning the 2025 extension granted to the ZEP scheme.

Despite the legal uncertainty, Home Affairs has urged permit holders to disregard misinformation, stressing that current protections against arrest, detention and deportation remain in force until the programme expires in 2027.