ZIMBABWEAN EXEMPTION PERMITS (ZEPs): CONSTITUTIONAL COURT DISMISSES MINISTER’s APPEAL

Dear employer

On Tuesday, 18 June 2024, the Constitutional Court dismissed the appeal brought by the Minister of Home Affairs against the 2023 High Court judgement, which found that his decision to scrap the Zimbabwean Exemption Permits (ZEPs) was procedurally unfair and infringed on the constitutional rights of ZEP holders.

The ZEP program, as per the 2023 court order, was extended for 12 months until end of June 2024, during which period the Minister must conclude a fair consultation process and thereafter make a further decision on the fate of the ZEPs.

The Minister is now required to comply with the High Court’s order. Any future decisions regarding the ZEP must be made in a fair and just manner, ensuring that the views and interests of ZEP holders are adequately considered. The ZEPs will remain effective until 29 November 2025.

This is a very positive development for all employers and employees affected by the ZEP dispensation.

ZEP holders are still urged to obtain alternative visas as soon as practicably possible. Although these visa applications may take up to a year to be processed, especially in cases where waiver applications are required prior to application for a general work visa, NEASA has received confirmation from immigration specialists that most waiver applications are being granted. The approved waiver applications will allow these ZEP holders to submit their applications for general work visas, which can be issued for up to five years.

The best route for any ZEP holder, or any foreign national employee for that matter, regardless of their current type of permit, is to consult with an immigration specialist, in order to determine which permit or visa is most suitable.

For more information

NEASA Media Department

media@neasa.co.za