The Zimbabwe Exemption Permit (ZEP) remains a contentious issue in South Africa, with the Supreme Court of Appeal (SCA) delivering a pivotal ruling on June 6, 2025. The SCA dismissed an appeal by the Minister of Home Affairs, upholding a Johannesburg High Court interdict that shields around 178,000 ZEP holders from arrest and deportation. This decision highlights ongoing tensions in South Africa’s immigration policy and offers temporary relief to Zimbabwean immigrants while legal battles continue.
Background of the ZEP Crisis
The ZEP program, introduced to provide legal status for Zimbabweans fleeing economic and political turmoil, allows holders to live and work in South Africa. In 2021, the Minister of Home Affairs announced plans to terminate the ZEP, sparking outrage and legal action from the Zimbabwe Immigration Federation (ZIF). In June 2023, the Johannesburg High Court issued an interim interdict, barring enforcement actions against ZEP holders until the termination’s legality is fully adjudicated.
SCA’s Ruling and Its Implications
The SCA’s recent decision rejected the Minister’s claim that the interdict was irrelevant due to a separate High Court ruling in the Helen Suzman Foundation case, which found the ZEP termination unlawful. SCA Judge Unterhalter clarified that the ZIF’s challenge seeks broader protections, including future safeguards for ZEP holders, distinguishing it from prior judgments. This ruling ensures that ZEP holders remain protected from deportation pending further court proceedings.
Temporary Relief, Uncertain Future
For ZEP holders, the SCA’s decision provides a reprieve but no permanent solution. Home Affairs Minister Leon Schreiber extended the permits’ validity until November 28, 2025, to facilitate stakeholder consultations. However, the absence of a clear long-term plan leaves many Zimbabweans in limbo, facing uncertainty about their future in South Africa. The ZIF and other advocacy groups continue to push for a fair and transparent process, arguing that the termination lacks proper justification and consultation.
What’s Next for ZEP Holders?
The ZEP saga underscores broader issues in South Africa’s immigration framework, including ministerial discretion and the rights of foreign nationals. As the legal showdown moves forward, the courts will determine whether the termination process adheres to constitutional standards. For now, ZEP holders can remain in South Africa without fear of immediate deportation, but the fight for a permanent resolution continues. The outcome will likely set a precedent for how South Africa handles similar immigration challenges in the future.