Will the Zimbabwe Exemption Permit (ZEP) extensions be renewed in November 2024 or November 2025?

The long answer

As the story is not over yet, it’s worth looking at what has happened so far and understanding the questions which still have to be answered:

On 28 June 2023, the High Court found that the decision by then Minister Motsoaledi to terminate the ZEP was unlawful, unconstitutional and invalid. The High Court said the Minister had to reconsider and fairly consult all the people affected in terms of the Promotion of Administration Act of 2000 (PAJA). There are over 178,000 ZEP holders.

The Minister then appealed to the Supreme Court against the High Court’s decision, saying that he did have the right as the executive to make this decision and that he had consulted “the interests of all relevant parties.” The Supreme Court rejected the Minister’s appeal and upheld the decision of the High Court. 

The Minister then applied for leave to appeal to the Constitutional Court, which dismissed the Minister’s application to appeal on 18 June 2024, and confirmed that the termination of the ZEP was unlawful. The Minister was then required to do as the High Court had ordered and reconsider his decision not to grant any further extension to the ZEP holders, and carry out a fair process of consultation with those whose rights would be affected by terminating the ZEP. This decision is also binding on the new Minister, Leon Schreiber. 

Cliffe Dekker Hofmeyr explained in an article on 8 July 2024 that in the meantime, all ZEPs are extended till 29 November 2024 to give ZEP holders a chance to apply for a new ZEP that would expire on 29 November 2025, or an alternative work visa.

Also, ZEP holders who applied for waivers or alternate visas would not be required to apply for new ZEPs, as their current ZEPs would be valid until the outcome of their applications. But they are allowed to apply for new ZEPs if they want to.

Cliffe Dekker Hofmeyr goes on to explain that as long as their ZEPs are still valid, the following will apply:

• no ZEP holder may be arrested, ordered to depart or be detained for purposes of deportation for any reason relating to them not having a valid exemption permit in their passport;

• no ZEP holder can be dealt with in terms of sections 29, 30 and 32 of the Immigration Act 13 of 2002, which sections deal with prohibited persons, undesirable persons and illegal foreigners;

• ZEP holders are allowed to enter or leave South Africa provided that they comply with all other requirements, except for not having an expired permit in their passport; and

• no ZEP holder should be required to produce a valid exemption permit; or an authorisation letter to remain in South Africa when applying for a new exemption permit.

Cliffe Dekker Hofmeyr sums up by saying that although the Concourt’s ruling is good news for ZEP holders, it remains to be seen whether ZEPs will be terminated after the fair process of consultation that the court has laid down has been carried out. They say that because of this uncertainty, employers of ZEP holders should encourage them to apply for alternative work visas to allow them to carry on working in South Africa after 29 November 2025.

National Employers’ Association of South Africa summarises as follows:

• Current ZEP holders of the original ZEPs: extended and valid until 29 November 2024.

• Current holders of original ZEPs are entitled to apply for New Exemption Permits.

• New Exemption Permits issued are valid until 29 November 2025.

• Original ZEP holders who already applied for waivers and for other mainstream visas, do not have to apply for the “new” Exemption Permits; and therefore,

  • if an original ZEP holder has applied for a waiver and a mainstream visa, he/she will be allowed to remain and be employed in South Africa, until they receive the outcome of their applications.

  • Holders of original ZEPs have the option to apply for new exemption permits OR, waiver applications in order to apply for general work visas, if they have not done so already.

Wishing you the best,
Athalie