Government decision was an opportunity missed to implement progressive suggestions. SA experiences strong migration flows from neighbouring countries, leading to competition for scarce resources and periodic violence against foreigners, says the writer.
The African proverb, “When elephants fight, it is the grass that suffers,” aptly describes the consequences of the Zimbabwean exemption permit (ZEP) holders’ battle with the department of home affairs.
On Friday, the high court issued its judgment in the case brought by the Helen Suzman Foundation. The foundation’s lawsuit was a response to the government’s decision in November 2021 to discontinue the special dispensation programme for Zimbabweans. These permits had been granted since 2009, allowing over 177,000 individuals to reside in SA. The foundation’s argument focused not on challenging the decision itself, but rather on the way it was made.

The court ruled in favour of the foundation, highlighting four grounds on which the decision was deemed flawed: it was procedurally unfair, irrational, and made without prior consultation with the affected individuals; it violated the constitutional rights of the ZEP holders and their children; it failed to consider the impact on the ZEP holders; and it contained material errors of fact regarding conditions in Zimbabwe, rendering it irrational.
Consequently, the court sent the decision back to the minister of home affairs for reconsideration and granted a 12-month extension to the ZEP holders from the date of the order.
While ZEP holders rejoiced, the reaction from the broader society was one of frustration and anger. Ultimately, the impact of this issue will be to negatively affect efforts for a more cohesive society. It is the government’s stated objective regarding the management of regional migration in a manner that ensures a balance between the economic interest of the local citizenry and the regional role that SA plays in Sadc and the continent. Achieving a consensus between these competing objectives is central to its migration policy, as outlined in the white paper on international migration.
Unfortunately, this was a missed opportunity to implement progressive suggestions from the white paper. These suggestions aimed to reduce illegal migration, combat corruption, reduce the trade in false documents, limit the abuse of migrants in the labour market and alleviate downward pressure on salaries for locals and foreigners.
Such objectives would contribute to a more cohesive society, dispelling the growing sentiment that all African migrants are irregular and undesirable.
Debates arose on whether the decision was reviewable, as it appeared to be a policy decision rather than an administrative one. However, the court determined that it fell within the scope of an administrative decision and exercised its powers under the Promotion of Administrative Justice Act to review and set it aside.
Nevertheless, the question of what the ZEP truly represents remained unexamined. Is it a waiver or a permit? In my view, the ZEP and similar special permits are exemptions, as stated in section 31(2)(c) of the Immigration Act (a waiver), rather than permanent residence exemptions as described in section 31(2)(b) of the act. Had it been the latter, there would have been no need to impose conditions limiting ZEP holders from working, studying, or running businesses.
Additionally, if the ZEP were indeed a waiver, it raises the question of

whether it was rational to restrict ZEP holders from applying for permanent residence through the ordinary channels. Waivers are commonly used in visa applications to allow applicants to submit without meeting certain requirements. If a person issued a general work visa after obtaining a waiver can apply for permanent residence after five years, why shouldn`t the same opportunity be available to ZEP permit holders?
Answering these questions would provide clarity on the legal rights of permit holders, which is particularly relevant as the Lesotho Special Permit holders face a similar situation with visas expiring in December 2023. Furthermore, aside from Zimbabweans awaiting clarity on their future beyond June 2024, there are also Angolans whose unresolved situation dates back to 2018. The purpose of the law is to provide certainty, yet the situation surrounding these special permits has been far from reassuring.
Migration flows
Fortunately, a solution lies within the white paper on international migration. The government acknowledges that managing economic migration from Sadc is the most challenging policy area. Despite SA’s historical labour migration within the region, building consensus on a clear policy and strategy has proved difficult. The country’s diverse society emerged from historical migration patterns in mining, agriculture, hospitality, construction, and domestic work. Hugh Masekela’s song, Coal Train, captures this phenomenon. As the biggest and most advanced economy in the region, SA experiences strong migration flows from neighbouring countries, leading to competition for scarce resources and periodic violence against foreigners.
The white paper proposes three policy interventions to address this challenge.
First, a regularisation programme modelled after the Zimbabwean Special Dispensation Permit, Lesotho Special Permit and Angola Special Permit aims to tackle irregular and illegal immigration. While these interventions have made some progress, full success remains elusive.
Second, an expanded visa regime would cater to economic migration from Sadc, with a quota-based system for piloting three visa types for Sadc nationals.
Third, stronger enforcement of immigration and labour laws is critical to prevent citizens from being disadvantaged by employers who pay lower wages to economic migrants. Enhanced compliance with immigration and labour laws would decrease irregular migration, while providing additional pathways for semi-skilled individuals, who constitute a significant portion of ZEP holders, could discourage illegal entry into the republic.
Implementing these interventions is expected to relieve pressure on the asylum seeker management system, reduce downward wage and employment pressures in the lower end of the economy, and enhance social cohesion.
The state of affairs benefits no-one. Affected migrants face prolonged uncertainty, lacking visas or a clear pathway. Citizens feel that their grievances are not being taken seriously by the government and courts, while the government must grapple with antiforeigner sentiments.
While this battle may have been won, the war against decaying social cohesion may have been lost. In any war, there are no winners, only widows. V.4906

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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