Zimbabwean Exemption Permits decision to terminate unlawful.

ZIMBABWEAN EXEMPTION PERMITS
DECISION TO TERMINATE UNLAWFUL

On Tuesday, 27 June 2023, the Pretoria High Court handed down a judgement declaring the decision of the Minister of Home Affairs, which terminated the Zimbabwean Exemption Permits (ZEPs), as unlawful, unconstitutional and invalid.

In a nutshell, the Court found that the Department of Home Affairs (DHA) did not have adequate consultations with stakeholders and affected parties, and also did not conclude a fair process before they announced their decision to terminate the ZEPs. The order is for the ZEPs to stay in place for a period of 12 months and that the Minister should, in this time, conclude a fair process and thereafter make a further decision on the fate of the ZEPs.

However, yesterday, the Minister indicated that he will be applying for leave to appeal both judgements handed down.

We will keep employers and employees abreast of the developments in this regard.

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.

To read NEASA’s newsletter on the relevant alternative visas, click here.

Although NEASA assists employers in need of assistance with their incapacity procedures for all ZEP holder employees, who cannot obtain any of the alternative mainstream visas, NEASA does not process applications for visas and/or permits.

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