‘It’s not clear-cut’: New Home Affairs minister explains his approach to ZEPs

Newly appointed Home Affairs Minister Leon Schreiber says he needs time to review the processes and “missteps” in how the Zimbabwean Exemption Permits (ZEPs) were handled.

This comes after the Constitutional Court (ConCourt) ruled that former Home Affairs minister Aaron Motsoaledi unlawfully terminated the ZEP.

The ZEP has allowed Zimbabweans to live, work and study in South Africa since 2009. This has been part of the Dispensation of Zimbabweans Project.

ALSO READ: Constitutional Court rules against Motsoaledi in ZEP matter

In December last year, Motsoaledi granted at least 178,000 Zimbabweans exemption permits until 29 November 2025.

The conditions of the extension of the ZEP mean that the Zimbabweans will be allowed to work, seek employment and conduct business in South Africa during the period of validity or to apply for a new permit.

No holder of a valid exemption permit may be arrested, ordered to depart or be detained for purposes of deportation or deported for any reason related to them not having any valid exemption certificate, reads the department’s directive.

Will Schreiber terminate ZEPs?

“It’s not clear-cut,” Schreiber told Newzroom Afrika on Wednesday.

“We have to approach all of these things on the basis of what our Constitution tells us. The courts have spoken on a particular way in which this matter has been handled. I will obviously need some time to go and review the processes and what some of the missteps were,” he said.

ALSO READ: SCA grants Motsoaledi leave to appeal ZEP matter

“The fundamental point to make is that we must uphold the law. That means where there is fraudulent activities or where people have engaged in corruption to obtain certificates or have corrupted the ZEP, there will need to be consequences. We must uphold the law in that space,” he said.

Schreiber will also look at the failures of the department to grant applicants legal paperwork to remain in the country.

“You cannot punish a person when the department has failed to facilitate what may have started as a legal application,” he said.

ALSO READ: Motsoaledi turns to Supreme Court in ZEP fight

“There has to be a process for persons who have tried to legalise themselves, people who have tried to apply for other visas and have managed to contribute skills to the economy to actually obtain the paperwork where they have applied.

“Where there are people who do not meet the criteria, that is where we will have to review that system,” said Schreiber.

International community ‘pressure’

Schreiber further highlighted the “pressure” from the international community on South Africa to “play its role” in managing international migration.

ALSO READ: SCA delivers blow to Home Affairs in ZEP appeal

“I was made to understand that there has been significant cuts to the ability of South Africa to actually process asylum papers and even from our neighbouring countries,” he said.

“That’s something I will have to take on urgently with the international community. They’re expecting South Africa to step up to our responsibilities when it comes to migration. We are one of the biggest recipients of migration including from neighbouring countries like Zimbabwe and they must surely come to the party with assisting South Africa to do that,” he said.

He said South Africa must differentiate between the ZEP holders who have contributed their skills to the country and those who have undermined the system.

NOW READ: Motsoaledi grants 178 000 Zimbabweans, 54 653 Basotho two-year exemption permits

“The visa issue is one of the many priorities we need to tackle in this department. The processing of visas can serve as an economic catalyst of South Africa. It will help in places where we have scare skills or people with exceptional skills, but also in the day-to-day operations,”said Schreiber.