On Wednesday 28 June 2023, the Gauteng High Court ruled in the Helen Suzmen Foundation’s favour that the decision taken by Minister Aaron Motsoaledi regarding ZEP termination was unlawful.
Current Directive
In 2021, the Minister announced that ZEPs will have to be terminated and the ZEP holders need to apply for any of the “mainstream” visas catered for in the country’s Immigration Act, should they qualify. Grace periods were given up until 20 June 2023, however, an announcement in May, saw that the grace period was further extended to 31 December 2023.
Court Ruling
The court ruled that the intention of terminating the ZEPs is unconstitutional and that the permits will be valid until June 2024. According to the judge, the Minister failed to follow fair procedures, did not consult with other organisations, and give rational reasons why he is terminating this special permit. ZEP holders will be able to enter and leave the country without any hassle or struggle of being deported or producing a valid ZEP until June 2024.
Where to next?
Whilst the court ruling has come as a breath of fresh air for many, it would be best for all to think about their future in South Africa.
ZEP holders have been given an opportunity, not afforded to others, whereby they are being allowed to change visa categories from ZEP to one catered for in the Immigration Act, whilst in the country. Additionally, those who do not meet all the requirements have been given a chance to apply for a Waiver.
A Waiver is requested whenever a person does not meet all the requirements set out in the act, for a specific category. As the name suggests, the application is a request for Home Affairs to “overlook” that the applicant does not meet the requirement. This is a very difficult feat under normal circumstances and Waivers are not easily obtained. However, based on the outcomes of the Waiver applications already adjudicated, it seems that ZEP holders are being granted Waivers to allow them to apply for a visa.
Because dispensation permits are never guaranteed a renewal, perhaps it would be best for ZEP holders to apply for a “mainstream” visa, which would provide them with a more “stable” future and a path to Permanent Residency.
