By Lehlohonolo Lehana.
Home affairs minister Aaron Motsoaledi has granted exemption to about 178,000 Zimbabweans and 54,663 Lesotho nationals for two years, until 29 Nov 2025.
Addressing media in Pretoria on Friday, Motsoaledi said both Lesotho and Zimbabwean nationals will be entitled to apply for new exemption permits.
He highlighted that both groups should be given the same treatment on the exemption.
The exemptions issued to Lesotho nationals will expire on December 31 2023 and the validity of the exemption permits issued to Zimbabweans was extended by a minister’s directive to December 31 2023, and by a court to June 28 2024.
Motsoaledi said affected nationals from the two countries will be entitled to apply for new exemption permits under certain terms and conditions.
Holders of an exemption permit will be entitled to work, seek employment and conduct business in SA.
Those with exemption permits due to expire on December 31 2023 or the extended period of validity will be entitled to apply for a new exemption permit and remain in SA during the validity of the exemption permit.
It is clear that the Minister knew that his original decision was unreasonable, impractical and unenforceable,” said advocate Simba Chitando, one of the lawyers who took government to court.
“ZEP holders have built homes, lives, families in South Africa – doing so perfectly legally. They must be given the opportunity to plan for their lives and not be treated as if they are surplus. It is the minimum of what the Constitution and the rule of law demand, “said Nicole Fritz of the Helen Suzman Foundation, which also took Home Affairs to court.
Fritz welcomed the minister’s announcement.
“The announcement offers tremendous relief to [the permit holders] and their families who have lived in SA perfectly legally for the past 15 years, and have done so by scrupulously observing not only our immigration laws and regulations but all our laws, in that qualification for these permits has required police clearance,” she said.
“Still they have faced tremendous uncertainty and confusion since the minister announced, without notice, consultation or valid reason, the termination of the permits in 2021. This new decision announced today recognises the inherent dignity owed to people, and that is at the heart of our constitutional dispensation.”
The first Zimbabwean special dispensation started in 2009 and was called the Dispensation for Zimbabwe Permit. It provided for the documentation of qualifying Zimbabweans for a five-year period.
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Video Courtesy of Home Affairs.