Nyashadzashe Ndoro
Chief Reporter
In a move that could signal a new dawn for thousands of Zimbabweans living in South Africa, newly-appointed Home Affairs Minister Leon Schreiber has vowed to take a thoughtful and constitutionally fair approach to the future of the Zimbabwean Exemption Permit, which hangs in the balance after a legal battle.
As the clock ticks down to the permit's expiration in 2025, Schreiber's commitment to rational decision-making has sparked hope among ZEP holders and immigrants in South Africa, who are eager for a more stable and secure future in the country.
The Constitutional Court recently dismissed former Home Affairs Minister Aaron Motsoaledi's bid to appeal the Gauteng High Court ruling that invalidated the decision to terminate the ZEP.
The ZEP is a special permit issued under the Immigration Act, allowing its holders temporary legal status to live, work, and study in South Africa. It was introduced by the South African government to manage an influx of undocumented Zimbabweans between 2009 and 2017. The ZEP allows approximately 178,000 Zimbabweans to reside in SA legally.
Minister Schreiber affirmed that any decision on the ZEP's future must be preceded by a rational and constitutionally fair process.
"It is broader than just one permit because this is going to affect how you are going to handle immigration issues actually across the board, and so we are going to have to take some time, not rush into anything because I think that is one of the issues that we saw in those court rulings is that we need to go and consider really that we are acting rationally within the rule of law before we make any of those decisions. So, there will be a lot of focus on getting it right," he said.
Abigail, a ZEP holder, expressed relief and hope in the new Minister's approach. "We are relieved that the new Minister, Dr. Schreiber, is taking a thoughtful approach to the ZEP issue. We hope that he will consider our contributions to the South African economy and society, and grant us a more secure and permanent solution to our immigration status. We are hopeful that he will make a decision that will allow us to continue living and working in South Africa without fear of deportation," she said.
"As a ZEP holder, I am grateful that he is taking the time to carefully consider our situation. We have been living in limbo for far too long, and it's refreshing to see a minister who is committed to acting rationally and within the rule of law."
The Department of Home Affairs has also announced a temporary concession for foreign nationals who have been legally admitted into South Africa and those who have submitted their applications via VFS Global. The concession aims to protect applicants while the department works on reducing backlogs in various visa and permit categories.
"The processing of some of these applications has been delayed as the department works on reducing backlogs," said the department in a statement. "While the department has made progress in this regard since its previous communication on the matter, there is still a backlog in various visa and permit categories, and Minister Schreiber has now moved to protect applicants while the backlog is reduced."
The department added that the decision to extend the temporary concession serves as a signal of intent to reinvigorate the Department of Home Affairs and position it as a vital economic enabler.
"The temporary measures will apply with immediate effect, and applicants whose waiver application outcomes are still pending, visa holders who have applied for a waiver, and the waiver application is still pending as at June 30, 2024, are granted a further temporary extension until December 31, 2024," said the Department.
The concession also allows visa holders who need to travel but are awaiting the outcome of a waiver application to exit and re-enter at a port of entry up to and including December 31, 2024, without being declared undesirable in terms of the Immigration Act.
Meanwhile, immigrants in South Africa are banking on Schreiber's commitment to improving the visa system. The new Minister aims to make South Africa a more attractive destination for international investment, tourism, and job creation.
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