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Zimbabweans fear deportation after bungled special permit process

Source: Daily Maverick, 04/08/2015


People Against Suffering Oppression and Poverty says the pile of
rejections for Zimbabwe Special Dispensation Permits is getting bigger
daily and the reasons given by the Department of Home Affairs are
sometimes obscure. Rejected applicants are given only 10 days to leave
South Africa and are not granted the right to appeal. By BERNARD
CHIGUVARE.
The immigrant rights group People Against Suffering Oppression and
Poverty (Passop) is concerned that hundreds of Zimbabweans are being
told to leave South Africa imminently.
Passop is dealing with more than 220 rejections for Zimbabwe Special
Dispensation Permits (ZSPs). As Africa Check explains: The Zimbabwean
Special Dispensation permit is the successor to a permit issued as
part of the Home Affairs Department`s … Dispensation of Zimbabweans
Project (DZP) which was implemented in April 2009.
The aim of the DZP was to create a record of Zimbabweans who had,
until then, been living illegally in South Africa. It was also
intended to give amnesty to Zimbabweans who had been using fraudulent
South African identity documents. Many of the Zimbabweans living in
South Africa had fled the political violence, instability and economic
crises that had dogged their home country for more than a decade.
The ZSP process began in October last year. GroundUp has previously
reported on delays and dissatisfaction with the process.
Bernard Toyambi who heads a team of paralegals at Passop, says: "We
started receiving rejections in February, 2015. The pile of rejections
is getting bigger daily. So far we have around 222 rejections."
According to Passop the reasons for rejections include Home Affairs
saying applicants have not provided proof of employment or employment
contracts, have failed to include their previous permit in their
applications or not provided proof of business registration or trade
licences. In some cases Home Affairs has picked up that applicants
have criminal records. One obscure reason given for a rejection is
"negative fingerprint", which Passop describes as "confusing".
At the end of every rejected application letter there is a note: "You
are to leave the country within 10 days."
"This is worrying," says Toyambi. "Home Affairs give 10 days without
giving them the right to appeal. In terms of the Constitution everyone
has the right to appeal when one feels one is not satisfied with a
decision."
There is additional confusion because a Home Affairs employee, Gerson
Muti, apparently told legal representatives of some of the rejected
applicants: "Please ignore the rejection letter because all rejections
are going to be reviewed even if the person did not lodge the appeal.
We are just waiting for our IT section to finish developing the system
so that we can start reviewing."
Benhilda Masarirambi is a domestic worker in Cape Town. Her case
exemplifies the bureaucratic difficulties applicants are experiencing.
Her application was rejected because Home Affairs said she did not
have the previous permit. She indeed lost her permit in a car
accident. However, she then obtained proof from Home Affairs that she
had a permit. GroundUp has seen official documentation that records
her permit number.
Since receiving the rejection letter, she has been living in perpetual
fear of being deported. She is also worried she will lose her job.
Passop is trying to help the rejected applicants appeal to Home
Affairs. Toyambi says Home Affairs` review of the rejections could
start anytime from next month. "We are not very sure how we could
assist those whose applications were rejected due to having criminal
records. However we still ask them to go for police clearance but if
proven guilty we are not in a position to assist." Because of the
costs involved in appealing Passop asks applicants to donate R100 to
cover processing (the organisation emphasises this just covers its
costs). However those rejected because of criminal records are asked
to pay R200 because of the additional paperwork involved.
Despite numerous attempts, GroundUp has not been able to get a
response from Home Affairs. Spokesman Mayihlome Tshwete has not
responded to our e-mails. After several telephone calls an official by
the name of Winnie told GroundUp Tshwete was out the country and that
we should e-mail another spokesman, Thabo Mokgola. We also spoke to
him on the phone. He promised a response by 3pm on July 30, but failed
to provide one. We also managed to get hold of Gerson Muti but he said
he does not speak to the media. DM


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