ZEP Permits: Progress update and call to action.

ZIMBABWEAN EXEMPTION PERMITS
PROGRESS UPDATE AND CALL TO ACTION

Dear employer

In January 2022, Cabinet decided that the Zimbabwean Exemption Permit (ZEP) arrangement must be terminated by 31 December 2022, and that applicants should apply for either a main stream visa for which they may qualify for, or for a waiver to waive certain requirements of the intended visas they wish to apply for, in order to remain in South Africa legally.

On 2 September 2022, the Minister of Home Affairs issued a directive extending the ZEPs for an additional six months, until 30 June 2023.

Zimbabweans who currently hold Asylum Seeker-, Refugee-, Critical Skills-, Spousal-, General Work- or Business visas/permits are not affected. If and when applicable, they must follow the standard procedure set out for the renewal of these permits, exactly as they have in the past. Any Asylum Seeker/Refugee permit holder whose permit expired during the Covid-19 lockdown period, were granted a grace-validity period of their permits until 30 April 2022. Holders of these types of permits are advised to submit renewal applications as per the DHA directive.

There is a review application in the High Court in which the applicants (Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa) seek to have the Department’s decision to refuse further extensions of the ZEP permits beyond 30 June 2023, declared as unlawful, unconstitutional, and invalid.  This matter is set down for hearing on 11 – 14 April 2023, but one cannot bargain on the outcome being favourable for the affected employees and their respective employers.

Members are advised to inspect all Zimbabwean employees’ passports to determine which Visa system and/or permit the employees are on, and where necessary inform the employees to ensure they make the necessary applications via a VFS Office – a third party administrator appointed by the Department of Home Affairs (DHA). No applications may be done directly at the DHA. These applications must be done as soon as possible and should not be left to the last minute due to the granting of this extension, but should be lodged as a matter of urgency, as most of these applications, especially waiver applications, may easily take up to six months. Please click here to see an interview with the Minster of Home Affairs, Dr Aaron Motsoaledi, in which he addresses this matter, together with the latest directive regarding waiver and long term visa processing times.
 
If a person holds a ZEP and is currently employed, employers can consult NEASA’s additional clarity and guidance newsletter on the possible alternative solutions for affected parties.

It should be noted that foreign nationals enjoy all the protection of South African labour legislation and Constitution and should be afforded the same rights. Employers are therefore advised to contact NEASA for assistance in this regard.

Since compliance with the complexities of these applications are cumbersome, NEASA advises the employees and employers who require assistance with the relevant visas/permits to utilise the services of a specialist immigration practitioner, Henry Harper, by sending an e-mail to henry@hasslefree.co.za, or visit www.hasslefree.co.za.

For more information:
NEASA Media Department
media@neasa.co.za