South Africa's Minister of Home Affairs, Aaron Motsoaledi, announced on Friday 1 December 2023, that he will be granting exemption permits for Zimbabwean and Lesotho nationals for a period of two years. The conditions of the exemptions for affected Zimbabwean and Lesotho nationals are that they cannot apply for permanent residency regardless of the period of stay in South Africa and cannot change their immigration status in South Africa during the validity of the permit.

Zimbabwean nationals

Affected Zimbabwean nationals are entitled to apply for new exemption permits, and the following terms and conditions will apply:

• A holder of the exemption permit will be entitled to conduct business in South Africa, work and seek employment.
• Holders of exemption permits that are due to expire on 31 December or 30 June 2024, are entitled to apply for a new exemption permit.
• Exemption permits will not be able to be renewed or extended.
• Exemption permits that will be issued will expire on 29 November 2025.
• Holders of the exemption permit will have free movement between Zimbabwe and South Africa (or any other country).
• Holders must disclose and/or register all minor children born and staying in South Africa.
• Those Zimbabwean nationals who have already applied for waivers and visa applications are afforded certain protections while they await the outcome of their applications. They will not be required to apply for new exemption permits as the validity of their expired exemption permits has been extended.

Lesotho nationals

Affected Lesotho nationals are entitled to apply for new exemption permits, and the following terms and conditions will apply:

• A holder of the exemption permit will be entitled to conduct business in South Africa, and work and seek employment in the country.
• Holders of exemption permits that are due to expire on 31 December 2023, are entitled to apply for a new exemption permit.
• Exemption permits will not be able to be renewed or extended.
• Exemption permits that will be issued will expire on 29 November 2025.
• Holders of the exemption permit will have free movement between Lesotho and South Africa (or any other country).
• Holders must disclose and/or register all minor children born and staying in South Africa.

The Minister requests that all affected Lesotho and Zimbabwean nationals make use of this opportunity and apply for new exemption permits through VFS Global. A dedicated team will be set up to deal with the applications for new exemption permits and VFS Global has been instructed to fast-track the application process for new exemption permits. 

Written by Ahlisha Yesmariam, Immigration Paralegal, Baker McKenzie Johannesburg