Without a one-year exemption, visa or waiver, many of those who have been living and paying tax in SA for more than 15 years are at risk of deportation. Picture: AdobeStock
Zimbabwe Exemption Permit (ZEP) holders say it will be impossible for them to meet the Friday deadline to apply for a further one-year exemption because of backlogs at the Department of Home Affairs (DHA).
ZEP holders have until Friday (29 November) to apply for a one-year exemption that would allow them to stay and work in SA until November 2025. After this date, those without the required visa or waiver are theoretically at risk of deportation.
But the Friday deadline cannot be met, says the ZEP Holders Association (Zepha), because there is a backlog of several months for general worker visa and waiver applications.
Zepha expects Minister of Home Affairs Leon Schreiber to extend the deadline, as was done by his predecessor Aaron Motsoaledi in 2023.
ALSO READ: Home Affairs processes over 60 000 ZEP applications, outcomes to be sent digitally
“The November 2024 deadline for the ZEP is yet another self-created crisis for the Department of Home Affairs,” says Advocate Simba Chitando, who is representing Zepha. “Many ZEP holders, for the same bureaucratic constraints within the Department that have haunted government, will not be able to make the deadline for no fault of their own.”
Many ZEP holders have been unable to get appointments at VFS Global offices, where permit applications are handled on behalf of DHA.
“Last week the minister admitted that some of their systems are overwhelmed.
“I’ve no doubt that he will have no choice but to extend the deadline yet again to avoid a catastrophic failure to document ZEP holders,” adds Chitando.
“In my view, the ZEP crisis could have been avoided years ago if the government had not made the decisions that the courts have found to be unlawful, and instead allowed ZEP holders to apply for permanent residence in the country after living in South Africa lawfully for the prescribed time to qualify for residency in the Republic.”
ALSO READ: ‘It’s not clear-cut’: New Home Affairs minister explains his approach to ZEPs
Some 178 000 ZEP holders in SA have faced an uncertain future in SA for years.
The previous permit expiry date in November 2023 was extended for another two years under the condition that Zimbabwean and Lesotho exemption permit holders could not thereafter apply for permanent residence in SA.
This is currently being challenged in court, with ZEP holders – many of them living and paying tax in SA for more than 15 years – claiming the minister has the authority to grant them permanent residence.
While the two-year extension in 2023 gave ZEP holders some breathing space, it did not remove the uncertainty of their legal status in SA, or that of their families. ZEP holders were instructed to apply for alternative visas, such as a general worker visa, to cement their legal status in the country.
“Unfortunately, it seems this deadline causes headaches for many as they struggle to secure submission dates at offices of VFS Global [which handles visa and waiver applications for DHA],” says Xpatweb, which provides services to expatriates.
ALSO READ: Outraged ZEP holders fight for permanent residency despite permit extension
Schreiber launched a new system to issue visas digitally via email, which helped in the processing of more than 60 000 ZEP waiver applications, many of them dating back to 2022. ZEP holders now receive waiver letters via email, a system that is being extended to other visa applicants.
Marisa Jacobs, MD of Xpatweb, says ZEP holders who applied and received waivers can then submit their applications for general work visas.
In October, the DHA introduced a new points-based system for work visas to combat corruption and inefficiency and reduce red tape.
The use of a transparent points scale allows DHA to objectively determine who qualifies for a critical skills or general work visa.
ALSO READ: Constitutional Court rules against Motsoaledi in ZEP matter
Schreiber has been commended for starting to clean house at DHA, recently dismissing 18 officials across the country for a range of offences including fraud, corruption, and sexual harassment. A further four were given written warnings.
The offences include irregular processing and granting of ID documents, marriage certificates, passports and visas.
“The dismissal and disciplining of errant officials [is] the result of the further intensification of our clampdown on corruption, fraud and maladministration, and reflects the intensification of cooperation between Home Affairs, the Special Investigating Unit, and the Hawks,” said Schreiber.
“Where prosecutable offences have been committed, the dockets will be referred for criminal prosecution.”
This article was republished from Moneyweb. Read the original here.
Download our app and read this and other great stories on the move. Available for Android and iOS.
