Overview

The Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa challenged the Department of Home Affairs against the termination of the ZEP programme.

The applicants argued that the decision to terminate the programme is unfair and in breach of the constitutional rights of ZEP holders and their children.

According to a judgement handed down today by The High Court, the court found that the decision to terminate the Zimbabwean Exemption Permit (ZEP), to grant a limited extension of ZEPs of only 12 Months, and to refuse further extensions beyond the 30th of June 2023 is unlawful and unconstitutional, and invalid.

The matter has been remitted back to Home Affairs for reconsideration.

It is still advised that ZEP holders seek and apply for a mainstream visa they may qualify for. We are willing to assist and advise any clients who want help with the application process.

Outcome/Ruling.

The court ruled that:

  • Existing ZEPs shall remain valid for the next 12 months
  • ZEP holders will continue to enjoy the protection afforded by Immigration Directive No. 1 of 2021

Please click here to read the full Immigration Directive No. 1 of 2021.