Home Affairs Minister Leon Schreiber resolved the three-year debate on Zimbabwe Exemption Permit (ZEP) extensions when he signed Immigration Circular No 7 of 2024 on 6 August 2024, thereby avoiding a potential disaster for both Zimbabweans and South Africans.
In November 2021, the Department of Home Affairs (DHA) announced it would not extend ZEPs, causing uncertainty for thousands of Zimbabweans in South Africa. Many ZEP holders struggled to qualify for mainstream visas, such as critical skills or spousal visas, creating a backlog in visa processing. Without alternatives, these individuals faced the choice of leaving South Africa or becoming illegal foreigners.
The issue dates back to the 2009 amnesty program (DZP), which allowed Zimbabweans to forfeit fraudulent immigration documents and avoid deportation. Employers in South Africa have since been in legal limbo regarding their Zimbabwean employees. One blanket extension after another was issued, but litigation continued, with the Helen Suzman Foundation defending ZEP holders’ rights. In June 2024, the Constitutional Court ruled that the minister’s decision not to extend ZEP permits was procedurally unfair, giving ZEP holders until 29 November 2024 to apply for new one-year exemption permits.
Fraudsters exploited the uncertainty, and many ZEP holders submitted general work visa applications without understanding their success prospects. Since 2014, the Department of Employment and Labour (DEL) has rarely issued certifications needed for general work visas, aiming to protect the South African job market. This harsh reality has affected many foreign workers who cannot meet the critical skills list criteria, even those with years of experience.
By issuing Circular No 7 of 2024, Schreiber has allowed working ZEP holders to bypass the DEL recommendation and SA Qualification Authority requirements for general work visas. This opens a pathway for legitimate ZEP holders to secure waivers and work visas. Retaining skilled workers in South Africa is vital, as the economy struggles with low employee retention and the “brain drain” phenomenon.
However, ministerial exemptions can be revoked without notice, so the stability of this policy depends on the government’s continuity. The Department of Home Affairs now requires a consistent and supportive environment to ensure positive change.
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