More than 140 000 Zimbabwe Exemption Permit (ZEP) holders in South Africa have already applied to remain in the country through long-term immigration routes, as the government reassured permit holders that they continue to reside legally while it reviews the future of the programme.
Figures released by the Department of Home Affairs show that of the 178 763 Zimbabweans holding ZEPs, 93 702 have applied for waivers and another 46 736 have submitted applications for mainstream visas.
The figures were released by the department’s Director-General, Livhuwani Tommy Makhode, amid growing uncertainty over the future of the permit system and renewed anti-immigrant rhetoric in South Africa.
Makhode said a Constitutional Court ruling meant all ZEP holders remained lawfully in the country while the Department of Home Affairs completed a court-ordered public consultation process.
On this topic
“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 court ordered the minister to conduct a fair public consultation before deciding whether to continue, amend or end the programme.
“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 been completed in all nine provinces and the department was now consolidating submissions before presenting recommendations to Cabinet.
“Once we have consolidated those inputs, that will then be taken by the Minister of Home Affairs to Cabinet for consideration.”
The nationwide consultations, which ended in June, followed a Constitutional Court ruling that found the government’s previous decision to terminate the Zimbabwe Exemption Permit and Lesotho Exemption Permit programmes had not followed a fair administrative process.
The latest figures suggest many 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 visas.
He said another 46 736 Zimbabweans 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 sought to reassure permit holders about their legal status.
“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 added that children of ZEP holders continue to assume the same immigration status as their parents until they are old enough to 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 ZEP programme was introduced to regularise the stay of Zimbabweans 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, establishing families, businesses and careers.
Under the current arrangements, ZEP holders remain legally in South Africa until 29 May 2027 while the government considers the outcome of the public consultation process and Cabinet decides the future of the programme.
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