The Zimbabwe Community in South Africa has pleaded with the new South African government to reconsider the decision to discontinue the Zimbabwe Exemption Permits (ZEPs).
The organisation’s leader, Ngqabutho Mabhena, appealed during an appearance on CITE’s “This Morning on Asakhe” X-Spaces program, where he discussed the South African Constitutional Court’s dismissal of the ZEP appeal.
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The South African Constitutional Court recently dismissed an application by the Minister of Home Affairs, Aaron Motsoaledi, for leave to appeal a June 2023 Pretoria High Court judgment. That judgment ruled the termination of the ZEPs unlawful.
Speaking on the program, Mabhena expressed relief at the judgment but noted the difficulties low-skilled individuals would face in acquiring work visas.
“The judgment is a relief to ZEP holders,” Mabhena said. “However, we know that the ANC proposed a new approach to migration at its 2022 policy conference, which was subsequently outlined in a white paper. Outside of the ZEP program, this approach will make it difficult for low-skilled individuals, who are the majority in South Africa, to acquire work or business visas.”
Mabhena argued that ZEP holders have been contributing to the South African economy for over ten years. He believes that following the Constitutional Court judgment, there’s no need for a further 12-month consultation period by the Minister.
He further highlighted the recent change in government: “This decision was made by the 6th administration in South Africa. We are now entering the 7th administration. We don’t know who the new Minister will be, whether Dr Motsoaledi will continue, or if a new one will be appointed.”
Mabhena stated their plea to the new administration is to review the previous government’s decision to discontinue the ZEPs.
“We understand there are many undocumented migrants in South Africa, and we understand concerns about unemployment among South Africans,” he said. “However, ZEP holders have been part of the economy for over a decade. We’ve seen others agree with us, both within and outside the ANC, who believe this decision should be reviewed. We hope and trust that the decision to discontinue ZEPs will be reviewed, ensuring legal residency for current holders.”
Mabhena also mentioned difficulties faced by those applying for waivers after the ZEP announcement.
“While the majority of ZEP holders have applied for waivers, the processing of these waivers has been slow,” he said. “Additionally, those who have received a waiver and applied for general work visas are being rejected based on not having a South African Qualifications Authority certificate. Our understanding was that this requirement was waived, but there seems to be a change when dealing with individual applications.”
Mabhena concluded by expressing hope that the new government will review the ZEP decision.
Mabhena also noted the challenges that political parties in the Government of National Unity might face regarding deportations. He hoped for a more pragmatic approach.
“While the Patriotic Alliance believes that they can deport everyone if granted control of the Home Affairs Ministry, it’s simply not practical,” he said. “Deportations are costly, and the Home Affairs Department has other services that require funding.”
“We believe that once they are part of the cabinet, they will adopt a more realistic approach,” Mabhena concluded.
