Government decision was an opportunity missed to implement progressive suggestions. SA experiences strong migration flows from neighbouring countries, leading to competition for scarce resources and periodic violence against foreigners, says the writer.
The African proverb, “When elephants fight, it is the grass that suffers,” aptly describes the consequences of the Zimbabwean exemption permit (ZEP) holders’ battle with the department of home affairs.
On Friday, the high court issued its judgment in the case brought by the Helen Suzman Foundation. The foundation’s lawsuit was a response to the government’s decision in November 2021 to discontinue the special dispensation programme for Zimbabweans. These permits had been granted since 2009, allowing over 177,000 individuals to reside in SA. The foundation’s argument focused not on challenging the decision itself, but rather on the way it was made.

The court ruled in favour of the foundation, highlighting four grounds on which the decision was deemed flawed: it was procedurally unfair, irrational, and made without prior consultation with the affected individuals; it violated the constitutional rights of the ZEP holders and their children; it failed to consider the impact on the ZEP holders; and it contained material errors of fact regarding conditions in Zimbabwe, rendering it irrational.
Consequently, the court sent the decision back to the minister of home affairs for reconsideration and granted a 12-month extension to the ZEP holders from the date of the order.
While ZEP holders rejoiced, the reaction from the broader society was one of frustration and anger. Ultimately, the impact of this issue will be to negatively affect efforts for a more cohesive society. It is the government’s stated objective regarding the management of regional migration in a manner that ensures a balance between the economic interest of the local citizenry and the regional role that SA plays in Sadc and the continent. Achieving a consensus between these competing objectives is central to its migration policy, as outlined in the white paper on international migration.
Unfortunately, this was a missed opportunity to implement progressive suggestions from the white paper. These suggestions aimed to reduce illegal migration, combat corruption, reduce the trade in false documents, limit the abuse of migrants in the labour market and alleviate downward pressure on salaries for locals and foreigners.
Such objectives would contribute to a more cohesive society, dispelling the growing sentiment that all African migrants are irregular and undesirable.
Debates arose on whether the decision was reviewable, as it appeared to be a policy decision rather than an administrative one. However, the court determined that it fell within the scope of an administrative decision and exercised its powers under the Promotion of Administrative Justice Act to review and set it aside.
Nevertheless, the question of what the ZEP truly represents remained unexamined. Is it a waiver or a permit? In my view, the ZEP and similar special permits are exemptions, as stated in section 31(2)(c) of the Immigration Act (a waiver), rather than permanent residence exemptions as described in section 31(2)(b) of the act. Had it been the latter, there would have been no need to impose conditions limiting ZEP holders from working, studying, or running businesses.
Additionally, if the ZEP were indeed a waiver, it raises the question of

whether it was rational to restrict ZEP holders from applying for permanent residence through the ordinary channels. Waivers are commonly used in visa applications to allow applicants to submit without meeting certain requirements. If a person issued a general work visa after obtaining a waiver can apply for permanent residence after five years, why shouldn`t the same opportunity be available to ZEP permit holders?
Answering these questions would provide clarity on the legal rights of permit holders, which is particularly relevant as the Lesotho Special Permit holders face a similar situation with visas expiring in December 2023. Furthermore, aside from Zimbabweans awaiting clarity on their future beyond June 2024, there are also Angolans whose unresolved situation dates back to 2018. The purpose of the law is to provide certainty, yet the situation surrounding these special permits has been far from reassuring.
Migration flows
Fortunately, a solution lies within the white paper on international migration. The government acknowledges that managing economic migration from Sadc is the most challenging policy area. Despite SA’s historical labour migration within the region, building consensus on a clear policy and strategy has proved difficult. The country’s diverse society emerged from historical migration patterns in mining, agriculture, hospitality, construction, and domestic work. Hugh Masekela’s song, Coal Train, captures this phenomenon. As the biggest and most advanced economy in the region, SA experiences strong migration flows from neighbouring countries, leading to competition for scarce resources and periodic violence against foreigners.
The white paper proposes three policy interventions to address this challenge.
First, a regularisation programme modelled after the Zimbabwean Special Dispensation Permit, Lesotho Special Permit and Angola Special Permit aims to tackle irregular and illegal immigration. While these interventions have made some progress, full success remains elusive.
Second, an expanded visa regime would cater to economic migration from Sadc, with a quota-based system for piloting three visa types for Sadc nationals.
Third, stronger enforcement of immigration and labour laws is critical to prevent citizens from being disadvantaged by employers who pay lower wages to economic migrants. Enhanced compliance with immigration and labour laws would decrease irregular migration, while providing additional pathways for semi-skilled individuals, who constitute a significant portion of ZEP holders, could discourage illegal entry into the republic.
Implementing these interventions is expected to relieve pressure on the asylum seeker management system, reduce downward wage and employment pressures in the lower end of the economy, and enhance social cohesion.
The state of affairs benefits no-one. Affected migrants face prolonged uncertainty, lacking visas or a clear pathway. Citizens feel that their grievances are not being taken seriously by the government and courts, while the government must grapple with antiforeigner sentiments.
While this battle may have been won, the war against decaying social cohesion may have been lost. In any war, there are no winners, only widows. V.4906

Germany`s Chancellor Olaf Scholz (R) and Kenya`s President William Ruto signed the deal in Berlin Germany has agreed to open the doors to 250,000 skilled and semi-skilled Kenyan workers in a controlled and targeted labour migration deal. Kenya is struggling with increasing difficulties in providing work and sufficient income for its young professionals, while Germany is facing a shortage of skilled labour. V.5609
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BEIJING - China said it would gradually raise its statutory retirement age, as the country grapples with a looming demographic crisis and an older population. Hundreds of millions of people in China are set to enter old age in the coming decades while the birth rate dwindles dramatically. V.5610
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A surprise inspection at a Pretoria restaurant resulted in the arrest of two foreign national employees who allegedly did not have documentation to be in the country. (Alex Mitchley/News24) • The Department of Labour has conducted a `blitz` inspection at a restaurant in Menlyn. • The surprise inspection came after a complaint alleging the flouting of labour practices by a former employee that started making the rounds on social media. • One of the restaurant owners dismissed the allegations. V.5611
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The Western Cape High Court has temporarily stopped the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The Western Cape High Court has temporarily halted the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The interim interdict will remain in place pending the outcome of the main court application brought by the Scalabrini Centre of Cape Town. • The court is expected to hear that main challenge in February 2025. V.5612
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South Africa’s plan to attract more professionals to its skills-starved economy through the introduction of a so-called nomad visa for remote workers has been slowed by the need to amend tax regulations. The impediment comes after an initial delay when changes to the visa regime had to be temporarily withdrawn because mandatory public consultation procedures hadn’t been followed. V.5613
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Illegal land occupation has been a very big problem in Pretoria east for decades now, with the evolution of more than two informal settlements, with dwellers being illegal immigrants. Tshwane metro will look to work with Home Affairs to combat illegal land occupation, illegal immigration and theft, according to FF Plus councillor and MMC for community safety in Tshwane, Grandi Theunissen. V.5607
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The City of Tshwane’s fight against hijacking of inner-city buildings could soon take a new turn aimed at deporting illegal immigrants likely to be found guilty of invading those properties. This comes after MMC for Community Safety, Grandi Theunissen, also FF Plus councillor, indicated that the municipality and the Minister of Home Affairs, Dr Leon Schreiber, agreed to join hands in addressing the problem. V.5608
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The departments of Home Affairs and Basic Education deployed mobile units to 1 625 school nationwide to assist young people in rural areas. The Department of Home Affairs is on a drive to assist young people get their IDs. In partnership with the Department of Basic Education, mobile units have scoured the nation’s schools to provide DHA services. V.5603
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South Africa is set to simplify travel for Indian tourists by introducing a 90-day visa waiver starting in January 2025. Along with the Trusted Tour Operator Scheme, these initiatives aim to streamline the visa process and boost tourism significantly. Great news for travelers from India and China! South Africa is taking significant steps to attract more Indian tourists by introducing a 90-day visa waiver starting in January 2025. The new policy aims to simplify travel for Indian visitors and is expected to increase the number of tourists from India. V.5604
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Kuwait’s Central Agency for Remedying Illegal Residents’ Status (CARIRS) has revoked the citizenship of more than 10,000 people with dual nationality between 2011 and last month, the KUNA news agency has reported. According to the agency, the step is the result of a full decade of Kuwaiti efforts to address the dual nationality file, and comes as a culmination of a campaign that began last year to confront those who obtain Kuwaiti citizenship illegally. V.5605
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