ZEP U-turn? Home Affairs hints at permanent residence pathway

Deputy Home Affairs Minister Njabulo Nzuza has announced that Zimbabwean Exemption Permit (ZEP) holders can now apply for permanent residence, marking a significant shift in government policy.

Policy shift opens new ZEP pathway?

Previously, ZEP conditions barred permit holders from applying for permanent residence in South Africa.

However, speaking to Newzroom Afrika, Nzuza said authorities have encouraged ZEP holders to explore other legal pathways.

“If they seek to stay within the country then they must apply for other forms of entrance into the country,” he said.

He explained that the exemption permit was always intended as a temporary arrangement and urged those wishing to stay in the country to apply for alternative legal status.

Authorities will now assess permanent residence applications from ZEP holders on a case-by-case basis.

Legal pressure from ZEP holders

The move follows sustained pressure from advocacy groups such as the ZEP Holders Association (Zepha), which has been locked in a long-running court battle with the Department of Home Affairs.

Zepha has approached the Johannesburg High Court, arguing that ZEP holders deserve the right to apply for permanent residence based on their long-term stay in South Africa, economic contributions, family ties, and humanitarian grounds.

ZEP extensions offer temporary relief

ZEP permits have been extended several times, with the latest deadline set for 28 May 2027.

While these extensions offered temporary relief and allowed some holders to apply for mainstream visas, the programme historically blocked direct applications for permanent residence.

Home Affairs had previously urged ZEP holders to transition to alternative visas as part of efforts to phase out the programme, but the latest announcement signals a change in approach.

Government explains migration pathways

Nzuza added that South Africa offers several legal entry options for economic migrants, including business visas.

He noted that many migrants initially entered the country as asylum seekers before later pursuing permanent residence.

Government introduced the ZEP system in 2009 as a temporary measure to manage an influx of Zimbabweans fleeing economic collapse.

Since then, authorities have extended the programme multiple times, reflecting ongoing uncertainty over how to address the estimated 180 000 permit holders living and working in South Africa.

Many have since built families, with children who have grown up in the country and have limited ties to Zimbabwe.

Advocate urges formal confirmation

Advocate Simba Chitando, representing Zepha, welcomed the deputy minister’s remarks, saying they align with the organisation’s long-standing position.

He argued that allowing ZEP holders to apply for permanent residence remains the only viable legal and political solution, given their deep roots in South Africa.

However, Chitando cautioned that the announcement still needs to be formalised in writing. Until then, he said, Zepha remains cautiously optimistic but ready to take further legal action if necessary.

He also warned that xenophobic tensions threaten South Africa’s long-standing relationship with Zimbabwe, a partnership he described as vital to the region’s future.