Individuals holding either Zimbabwean Exemption Permits or Lesotho Exemption Permits can find reassurance in the recent media briefing and directive issued by the Department of Home Affairs Minister, Dr Aaron Motsoaledi. This announcement brings a sense of relief to approximately 54 653 holders of the Lesotho Exemption Permit (LEP) and 178 000 holders of the Zimbabwean Exemption Permit (ZEP). 

On Friday, 1 December 2023, the Minister held a media briefing addressing the uncertainty surrounding the ZEP and LEP permits. Following this, the Department of Home Affairs released Immigration Directives number 3 (three) and 4 (four) of 2023 on Monday, 04 December 2023 to detail the decision by the Minister to extend the Exemption Permits. 

Aadil Wadee, immigration specialist and admitted attorney, at Xpatweb unpacks the announcement with some key points that may be taken from above directives as follows:

Zimbabwean Exemption Permits

ZEP’s have now been extended for a further period of 12 (twelve) months up until 29 November 2024. This is to allow the holders thereof to apply for an extension of their current permits. The new permits to be issued will be valid until 29 November 2025.

However, Individuals who had applied for waivers or other visas do not need to apply for new permits, as their current status would remain protected and are exempted from having to apply for a new exemption permit while awaiting the outcome of their applications. 

Based on the data available, approximately 88 500 current ZEP holders have applied for waivers or other visas provided for in terms of the Immigration Act. This would mean that the directive directly applies to approximately 89 500 current ZEP Holders. 

For those who did not apply for waivers, the Minister emphasized that there is no alternative available. He pointed out that the opportunity to apply for a mainstream visa has been extended multiple times, and he urged all affected Zimbabwean nationals to take advantage of the current window to apply for a mainstream visa. We echo the minister’s statement and encourage all ZEP holders to apply for a mainstream visa before 31 December 2023 as it is the only route to Permanent Residency. Should any ZEP holders not opt for this route, they will be required to apply for a new ZEP permit in order to remain legal within the Republic of South Africa. 

Lesotho Exemption Permits 

LEP’s have now been extended for a further period of 12 (twelve) months up until 29 November 2024. This is to allow the holders thereof to apply for an extension of their current permits. The new permits to be issued will be valid until 29 November 2025.

The Holder of a valid exemption permit will be allowed to freely enter and depart the Republic of South Africa. 

The Minister has urged all LEP holders to take advantage of this extension and apply for their new LEP permits through VFS Global. 

The above decision to extend the ZEP and LEP permits comes as the Department of Home Affairs has indicated their intent on appealing the ruling by the High Court in Pretoria to the Supreme Court of Appeal. The judgment required him to go back to the drawing board on the ZEP’s and found his decision to terminate ZEP’s unconstitutional. The Minister had stated that both LEP’s and ZEP’s had to be dealt with and treated equally in order keep both exemption permits consistent with what the Department of Home Affairs is doing. 

Written by Aadil Wadee, Immigration Specialist and Admitted Attorney, at Xpatweb