Zimbabwe exemption permit case to be heard next year 

The Citizen | 29 November 2022

The ZEPs are expected to expire in June next year following an extension by the home affairs department. 

Suzman Foundation’s (HSF) challenge of Home Affairs Minister Aaron Motsoaledi’s decision to terminate the Zimbabwe exemption permit (ZEP) will reportedly be heard in April 2023, two months before they expire.

The director of the foundation Nicole Fritz told TimesLive on Monday that a three-bench panel of judges would hear the matter.

“We are disappointed that hearing dates could not be secured earlier in that we are anxious to have the matter heard by the courts and for a just resolution to be determined,” Fritz was quoted as saying.

In their court case, the Zimbabwe Exemption Permit Holders Association, Helen Suzman Foundation, Zimbabwean Immigration Federation and Zimbabwean Diaspora Association NPC are seeking to overturn government’s decision not to renew the permit.

Motsoaledi, Home Affairs director-general, President Cyril Ramaphosa and Cabinet – the respondents – are opposing the case.

ZEP Holders Association also wants Zimbabweans to be declared permanent South African residents.

ZEP extension

Cabinet announced last November that the ZEP would not be extended again, with Minister in the Presidency Mondli Gungubele announcing at the time that ZEP holders had until 31 December 2022 to apply for a visa to continue living in South Africa, return to Zimbabwe, or be deported.

In September this year, the department of home affairs then extended the Zimbabwean Exemption Permits by six months to 30 June 2023.

According to Motsoaledi at the time, the decision was made to give the ZEP holders an opportunity to apply for one or other visas provided for in the Immigration Act they may qualify for.

Only a few Zimbabwean nationals had applied for visas or waivers, hence the extension to allow for more applications, said Motsoaledi at the time.

“No holder of the exemption may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of the section 34 of the Immigration Act for any reason related to him of her not having any valid exemption certificate in his or her passport,” said Motsoaledi.

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