Frantic scramble as
December deadline looms for 178,000 Zimbabwean Exemption Permit holders
27 Aug 2022 – Daily Maverick
According to the Department of
Home Affairs, fewer than 4% (6000 out of 178 000) of Zimbabwe Exemption Permit
holders have made representations to the Department of Home Affairs to say why
their documents should not be terminated in December.
Fewer than 4% (6,000 out of 178,000) of Zimbabwean
Exemption Permit (ZEP) holders have made representations to the Department of
Home Affairs to say why their documents should not be terminated in December.
But the permit holders have to contend with dysfunctional Home Affairs offices
and high costs.
Financial
constraints and hard-to-meet criteria for alternative permits will lock
thousands of Zimbabweans out of their lives in South Africa as the invalidation
of the Zimbabwean Exemption Permits (ZEP) looms.
Liesl
Fourie, an attorney at Nelson Mandela University’s Refugee Rights Centre, says:
“ZEP holders have to apply for alternative immigration visas… to legalise their
stay in SA. These visa applications are R1,750 per visa, plus an additional
R800 for the SA Police [Service] clearance certificate, plus medical and
radiological reports.
“In
addition, they also require a Zimbabwean police clearance certificate and a
Zimbabwean passport which will be valid for many months after the expiry of the
visa that they are applying for.
“All of
this costs money. Each family member, including minor children, who reside in SA,
will have to make their application, so the cost increases exponentially with
every family member present in SA.”
According
to the Department of Home Affairs, fewer than 4% (6,000 out of 178,000) ZEP holders have made representations to
the Department of Home Affairs (DHA) to say why their documents should not be
terminated in December.
Precarious situation
Arnold
Bosso (31) has lived in Verulam, KwaZulu-Natal for 14 years and says he is in a
precarious situation as he is a construction worker, which is not considered to
be a critical skill. Outside of that, he doesn’t qualify or have the money to
acquire a different permit for himself or his family of six.
“When I
came to SA I had my excavator operator’s certificate, but I couldn’t find a
job. Then I went to college and did office administration and business
management. But it was hard for me to find a job till now and I decided to do
construction for me and my family to survive. We’ve got drivers, housemaids,
they were told to apply for critical skills but they don’t qualify,” Bosso
said.
The
Cabinet created the Dispensation of Zimbabweans Project (DZP) in 2009. The
beneficiaries of this project remained in South Africa as holders of permits
issued under the subsequent ministerial exemption dispensation. With the 2010
World Cup looming, it brought skills to the construction and hospitality
sectors, which needed labour at the time. People such as Bosso filled this need
by specialising in these industries to make a living.
“The
minister of home affairs already decided in 2021 to terminate the ZEP visas. He
simply afforded ZEP visa holders a
one-year extension on the validity of their ZEP visas to legalise their stay in
SA by obtaining an alternative visa — for example, work, study or relatives
visas — before the end of 2022,” said Fourie.
“This
extension was probably only granted because the minister of home affairs made
the announcement not to extend the ZEP visas so late in 2021 and also bearing
in mind the large backlog in visa applications at the DHA occasioned by the
Covid-19 lockdown [the department worked at reduced capacity at its head
office, where visa applications are processed].
“It will
therefore not serve any purpose for ZEP holders to make submissions; they have
to apply for alternative visas within our immigration system to legalise their
stay in SA.”
Survival choice
Home
Affairs Director-General Livhuwani Tommy Makhode asserts that Zimbabwe is in a
much better state than it was when asylum was first warranted and therefore
Zimbabweans can go home. However, Bosso says things may be different, but
people are still suffering in his home country.
“Zimbabwe
doesn’t have industries to accommodate all the people who want work; nothing is
much better in Zimbabwe. Coming to SA was the best choice for us to survive.
They can say whatever they want, that Zimbabwe is better, but people are
suffering. For example, how can you say a country is better when they don’t
have their [own]) currency?”
Fourie
says activists and organisations such as the Helen Suzman Foundation have faced
challenges while trying to fight the termination of the ZEP.
Minister of Home Affairs, Aaron
Motsoaledi. (Photo: Gallo Images / Sunday Times / Alon Skuy)
“The
minister’s decision not to extend the ZEP visa is an administrative act and
several organisations have taken this decision on judicial review. All of these
applications taking the minister’s decision on review have been opposed by the
DHA, and Minister [Aaron] Motsoaledi has even gone as far as instituting ‘Slapp
suits’ against the legal practitioners representing the ZEP holders in these
matters,” she said.
“The
current application for judicial review brought by the Helen Suzman Foundation
is probably the best chance of success that ZEP holders might have in having
their special dispensation visas extended.
“It is,
however, also being opposed and the minister of home affairs, in addition, is
trying his best to discredit the Helen Suzman Foundation in the media.
“Having
regard to the nature of this application and the court roll in the Western Cape
High Court where this application was launched, I doubt that this matter will
be finalised before the end of 2022 unless special arrangements/agreements are
made to deal with this issue on an urgent basis and for the court to allocate a
date for the hearing thereof,” Fourie added.
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