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South Africa reassures ZEP holders
2 hrs ago |
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More than 140,000 holders of the Zimbabwe Exemption Permit (ZEP) have already applied to remain in South Africa through long-term immigration pathways, as the Department of Home Affairs assured permit holders that they continue to reside legally in the country while the future of the programme is being determined.
According to figures released by the department, 93,702 of the 178,763 Zimbabweans currently holding ZEPs have applied for waivers, while a further 46,736 have submitted applications for mainstream visas under South Africa's immigration system.
The figures were released by Home Affairs Director-General Livhuwani Tommy Makhode amid ongoing uncertainty over the future of the ZEP programme and renewed anti-immigration sentiment in parts of South Africa.
Makhode said a ruling by the Constitutional Court ensures that all ZEP holders remain lawfully in the country while the Department of Home Affairs completes a court-ordered public consultation process.
"The ConCourt has already pronounced on this matter, following a decision by the Supreme Court," he said.
"Now, the ConCourt remitted the matter of the ZEP back to the Department of Home Affairs... so that's back to the Minister of Home Affairs and the Director-General."
The Constitutional Court directed the Minister of Home Affairs to conduct a fair public consultation before making a final decision on whether the Zimbabwe Exemption Permit programme should be continued, amended or terminated.
"What then are we supposed to do? On the ZEP, the ConCourt directed that the Minister must conduct what is known as a fair and proper public consultation process on the ZEP. We have been on that process," Makhode said.
He said consultations had now been completed in all nine provinces, with the department consolidating submissions before recommendations are presented to Cabinet.
"Once we have consolidated those inputs, that will then be taken by the Minister of Home Affairs to Cabinet for consideration," he said.
The consultation process followed a Constitutional Court ruling that found the government's previous attempt to terminate both the Zimbabwe Exemption Permit and Lesotho Exemption Permit programmes had failed to comply with the requirements of fair administrative action.
The latest figures indicate that a significant number of Zimbabweans are already transitioning into South Africa's mainstream immigration system.
Makhode said all 93,702 waiver applications had already been considered by the Minister of Home Affairs. Waivers allow applicants to seek exemptions from certain immigration requirements before applying for long-term residence or work visas.
He added that 46,736 ZEP holders had applied under one of South Africa's 17 mainstream visa categories.
"There are also ZEP holders now applying for what the Minister referred to earlier on as mainstream visas. We have 17 visa categories and about 46,736 Zimbabwean ZEP holders that have applied for these permits," he said.
Makhode also reassured Zimbabweans that their legal status remains protected while the consultation process continues.
"If you look at the entire population of the ZEP holders, it's about 178,763. So that ConCourt decision basically indicates that they remain legal in the country, by virtue of that ConCourt decision," he said.
He further explained that children of ZEP holders continue to derive their immigration status from their parents until they reach the age at which they may apply independently.
"The children take the status of the parents in terms of our laws... until they reach a particular age, age 16, then they can apply on their own for other permits," he said.
The Zimbabwe Exemption Permit programme was introduced to regularise the stay of Zimbabwean nationals who fled economic and political instability in their home country. Many permit holders have lived and worked legally in South Africa for more than 15 years, where they have established families, businesses and careers.
Under the current legal framework, all ZEP holders will continue to reside lawfully in South Africa until 29 May 2027, while Cabinet considers the outcome of the public consultation process and decides the future of the programme.
According to figures released by the department, 93,702 of the 178,763 Zimbabweans currently holding ZEPs have applied for waivers, while a further 46,736 have submitted applications for mainstream visas under South Africa's immigration system.
The figures were released by Home Affairs Director-General Livhuwani Tommy Makhode amid ongoing uncertainty over the future of the ZEP programme and renewed anti-immigration sentiment in parts of South Africa.
Makhode said a ruling by the Constitutional Court ensures that all ZEP holders remain lawfully in the country while the Department of Home Affairs completes a court-ordered public consultation process.
"The ConCourt has already pronounced on this matter, following a decision by the Supreme Court," he said.
"Now, the ConCourt remitted the matter of the ZEP back to the Department of Home Affairs... so that's back to the Minister of Home Affairs and the Director-General."
The Constitutional Court directed the Minister of Home Affairs to conduct a fair public consultation before making a final decision on whether the Zimbabwe Exemption Permit programme should be continued, amended or terminated.
"What then are we supposed to do? On the ZEP, the ConCourt directed that the Minister must conduct what is known as a fair and proper public consultation process on the ZEP. We have been on that process," Makhode said.
He said consultations had now been completed in all nine provinces, with the department consolidating submissions before recommendations are presented to Cabinet.
"Once we have consolidated those inputs, that will then be taken by the Minister of Home Affairs to Cabinet for consideration," he said.
The latest figures indicate that a significant number of Zimbabweans are already transitioning into South Africa's mainstream immigration system.
Makhode said all 93,702 waiver applications had already been considered by the Minister of Home Affairs. Waivers allow applicants to seek exemptions from certain immigration requirements before applying for long-term residence or work visas.
He added that 46,736 ZEP holders had applied under one of South Africa's 17 mainstream visa categories.
"There are also ZEP holders now applying for what the Minister referred to earlier on as mainstream visas. We have 17 visa categories and about 46,736 Zimbabwean ZEP holders that have applied for these permits," he said.
Makhode also reassured Zimbabweans that their legal status remains protected while the consultation process continues.
"If you look at the entire population of the ZEP holders, it's about 178,763. So that ConCourt decision basically indicates that they remain legal in the country, by virtue of that ConCourt decision," he said.
He further explained that children of ZEP holders continue to derive their immigration status from their parents until they reach the age at which they may apply independently.
"The children take the status of the parents in terms of our laws... until they reach a particular age, age 16, then they can apply on their own for other permits," he said.
The Zimbabwe Exemption Permit programme was introduced to regularise the stay of Zimbabwean nationals who fled economic and political instability in their home country. Many permit holders have lived and worked legally in South Africa for more than 15 years, where they have established families, businesses and careers.
Under the current legal framework, all ZEP holders will continue to reside lawfully in South Africa until 29 May 2027, while Cabinet considers the outcome of the public consultation process and decides the future of the programme.
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