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ZEP (HSF & CORMSA) Judgement 28 June 2023

The Gauteng High Court in Pretoria has ordered Home Affairs Minister Aaron Motsoaledi not to arrest or issue deportation orders for Zimbabwean Exemption Permit (ZEP) holders after ruling that his decision to terminate the permits was invalid, unlawful and unconstitutional.

The court also ruled that ZEP holders must be allowed to leave or enter South Africa and may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act on the basis that they are ZEP holders.

It further ordered that the permits be valid for a further 12 months until June 2024.

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Press Statement on the Issuing of Minister’s Immigration Directive No: 2 Of 2023, Extending The Validity of the Exemption Permits Issued to the Zimbabwean Nationals

As you are aware, the Minister of Home Affairs (Minister) issued a directive in September 2022, extending the validity of exemption permits issued to the Zimbabwean nationals to 30 June 2023. Since that time, significant developments took place. 

 The Minister has approved thousands of waiver applications of the affected Zimbabwean nationals. This has resulted in a significant increase in the number of visa and waiver applications. The Departmental Advisory Committee (DAC) led by Dr Cassius Lubisi is now dealing with the increased number of visa applications. 

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Passport holders who are exempt from Visas for South Africa

Citizens of the countries listed below can enter South Africa without a visa for limited periods, but subject to terms and conditions. It will be noted that there are nationalities who can enter for up to 90 days visa-free and other nationalities who can enter for up to 30 days visa-free.

It is however always a prudent measure for all foreigners intending to enter South Africa to check if a visitor’s visa is required or aspects of entry beforehand, as there could be associative changes that may affect admittance.

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Gavin Kraut asked to step in by the New Zealand embassy.

Gavin Kraut, an attorney specialising in immigration, has been retained by, among others, the New Zealand embassy to help to resolve the issue. “We have had several meetings with different officials. It’s confusing and no one seems to know where the responsibility for resolving this lies.”

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By Sasha Planting www.dailymaverick.co.za