This Directive on the extension of the validity of the exemptions was published in the Government Gazette on Friday, 29 November 2024.
The Minister’s decision aligns with the Pretoria High Court directing the Department of Home Affairs to engage in thorough consultations with ZEP holders and relevant stakeholders regarding the future of the special dispensation granted to Zimbabwean nationals who are the holders of these permits.
Marisa Jacobs, Managing Director at Xpatweb, earlier this week warned that after today’s deadline, the only alternative would have been to make a new submission in terms of the new dispensation under the points-based system and this submission will have to be made in Zimbabwe.
This decision by the Minister brings welcome reprieve and more certainty for affected ZEP holders, Jacobs said following the publication in the Government Gazette.
According to the Minister’s Directive the reactivation of the Immigration Advisory Board (IAB) is currently underway, and its first task will be to consider, advise and enable the steps required for compliance with the Order of the High Court on the future of the ZEP.
“In order to give the IAB time to properly do its work, and a fair process to be followed, I direct that existing ZEPs shall be deemed to remain valid for the next 12 months.”
ZEP provisions during the extension period
Benjamin van Zyl, an Immigration Consultant at Xpatweb, said the Directive is clear that no ZEP holder will be subject to arrest, deportation, or detention under section 34 of the Immigration Act, 2002 for reasons related to the absence of a valid exemption certificate. As such, ZEP holders may enter or leave South Africa, provided they meet all other entry and exit requirements except for having a valid visa.
Furthermore, ZEP holders are not required to produce a valid exemption certificate, visa, or authorization letter to remain in South Africa when applying for a temporary visa under section 10(2) of the Immigration Act, 2002. As such, this Directive allows ZEP holders to submit an application for a mainstream visa within South Africa without producing the aforementioned documents that portray their current status within South Africa.
However, there is much uncertainty on whether ZEP holders, who did not submit an application for a waiver to allow them to submit their applications within South Africa, would be in a position to submit their prospective applications for a South African work visa within South Africa. The Department of Home Affairs will need to provide further clarity on this particular aspect.
Although the extension offers temporary relief to permit holders while the consultation process and deliberations on the future of the ZEP system take place, ZEP holders are encouraged to explore long-term solutions, including applying for mainstream work visas or other applicable permits to secure their legal status in South Africa beyond the extended deadline.
