Zimbabweans stuck in limbo
in South Africa
Mail & Guardian - 16 May 2022
The special permits for Zimbabweans
make it easier for Zimbabwean nationals to legalise their stay in South Africa
by cutting red tape and dispensing with most of the ordinary visa requirements.
There are nearly 200 000
Zimbabweans in South Africa who are living on borrowed
time.
They are
in the country on a special visa, the Zimbabwean
Exemption Permit (ZEP). This visa category was introduced more than
a decade ago to accommodate an influx of refugees who were fleeing political
persecution and economic devastation in Zimbabwe.
But late
last year, South Africa’s home affairs department, amid rising Afrophobic
sentiment among South African citizens, announced that it would not renew the
ZEPs. This decision gives affected Zimbabweans a “grace period” until the end
of this year to leave the country or risk being deported — unless they can find
another visa to apply for.
Among
their number is Thenjiwe Mhlanga*, who has been in South Africa since 2010. She
is married to a Zimbabwean man who is a permanent residence holder, and they
have children together.
As things
stand, she will have to leave the country by 31 December this year, and leave
her family behind — as well as all the unemployment benefits that she currently
receives. She is hoping to apply for a spousal permit through her husband’s
permanent residency. Although she qualifies, she is unsure whether her
application will succeed, given the inefficiency and corruption that is endemic to South Africa’s visa application
process.
Rufaro
Gwatidzo*, a distance learner who has lived in South Africa since he was six,
does not qualify under any other visa categories. He believes himself to be
South African and cannot imagine a life for himself in Zimbabwe.
Although
stressed about his future away from all he has ever known, Gwatidzo said:
“I’m not oblivious of the fact that when in Rome one must do as the Romans. And
if they don’t want you, it’s not fair to impose on them because of your own
personal needs and wants.”
Courtroom battle looms
There is
one institution that may yet overturn the government’s decision not to renew
the ZEP: South Africa’s courts. A legal challenge is being prepared by the
Zimbabwean Exemption Holders Association, on the grounds that the decision was
“irrational”.
Leading
this challenge is advocate Simba Chitando. His detractors describe him as a
maverick of Johnny Cochrane proportions — not necessarily a compliment in the
legal profession. Chitando is confident that the courts will overturn the
government’s decision to let the ZEPs lapse.
“The
minister of home affairs believes cancelling 180 000 ZEP holders from the job
market would solve unemployment in the country and increase jobs for South
African citizens. The truth is it will do the opposite,” Chitando said.
“I would
advise Zimbabweans, ZEP holders, and sympathetic South African nationals, to be
calm in the face of this crisis and allow the court process to run its course.
There are many who are lobbying the government to change their obviously bad
decision.”
Not
everyone is convinced that a legal challenge will work — especially if it is
led by Chitando, who has close links with Zimbabwe’s ruling party, Zanu-PF. His
uncle, Winston Chitando, is Zimbabwe’s minister of mines and Chitando is the
head of Zanu-PF’s Sandton branch in Johannesburg.
For the
many Zimbabweans who fled political persecution, this is an unwelcome connection.
In a WhatsApp group organised by Zimbabweans to keep abreast of the ZEP court
matters, one person said: “Tirimuno muSouth Africa pamusaka pavo [we are
here because of them (Zanu-PF)]. Can we trust that they’ll even do a decent
job?”
Others
fear that Chitando’s Zanu-PF links will make the case political, and agitate
the South African government, which will in turn “punish” Zimbabweans with even
more stringent visa rules no matter what the courts say.
A court
date has not been set yet.
Uncertain futures
While ZEP
holders wait for the legal process to take its course, many are already dealing
with the fallout from the decision. Some banks, although aware of the grace
period, are refusing to replace lost bank cards or open accounts and some
traffic departments will not renew the driving licences of ZEP holders.
Those who
are looking to apply for another visa will have to navigate South Africa’s
corrupt application process. A 2016 report by the Corruption
Watch watchdog organisation described a “cartel-like” network of
officials, runners and facilitators who prey on those seeking assistance.
Ironically,
for some ZEP holders, this corruption may be their only hope of staying in the
country legally. “If kana zvanetsa, and things become difficult, I will
just ‘lose’ my passport and start again. I just want to take care of my family.
It’s like they want to push you into doing criminal acts to survive,” said one
ZEP holder, who asked to have his name withheld.
South
Africa’s Home Affairs Department did not respond to repeated requests for
comment for this story.
www.samigration.com