You will need assistance from an organization experienced in handling matters with Home Affairs.
The Whole Question:
I moved to South Africa from Zimbabwe in 2006 as an asylum seeker. My children, aged 5, 7, and 10 at the time, have since graduated but are unable to find employment due to their uncertain legal status. We have applied for accompanying visas as my wife is a permanent resident, but we have received no response from Home Affairs. How can we proceed without their cooperation?
The Long Answer:
It's an incredibly stressful situation when everything you’ve built over years of living in South Africa is under threat due to bureaucratic delays.
As you may be aware, in June 2023, the Pretoria High Court declared the decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit (ZEP) unlawful, unconstitutional, and invalid. According to a GroundUp article by Tania Broughton (June 28, 2023), the court instructed the Minister to reconsider the issue in compliance with legal processes. In the meantime, ZEP permits remain valid until the end of June 2024, and ZEP holders cannot be arrested or deported during this period.
The fact that Home Affairs has not responded to your and your children’s accompanying visa applications is not only distressing but also, unfortunately, typical of the department's administrative failures. Home Affairs has a constitutional obligation to act in a fair and just manner, as outlined in the Promotion of Administrative Justice Act (PAJA). This act is designed to ensure that administrative actions by government departments, like Home Affairs, are fair, lawful, and prompt.
Since Home Affairs has not provided any response, your best option is to consult with an organization that specializes in dealing with Home Affairs. These organizations can provide legal assistance and advocacy to ensure that your rights and those of your children are respected.