Reflections on the Discontinued Zimbabwe Exemption Permit (ZEP) in South Africa
Barnabas Ticha Muvhuti
Shortly after publication and in the wake of increasing criticism, the South African government extended ZEP permit holders' grace period by six months to June 2023. Now, as a court challenge to the cancellation is scheduled to begin in April and the end of the grace period looms, ZEP permit holders' hopes and anxieties reach their zenith. RIT commissioned two Zimbabwean artists living in South Africa--illustrator Wynona Mutisi and poet Oswald Kucherera--to express these sentiments in their preferred works. Their works accompany Barnabas's reflection in a StoryMap, which you can view here.
Introduction
Here in South Africa, I am one of approximately 180,000 holders of the Zimbabwe Exemption Permit (ZEP). In November 2021, the South African government announced it would not renew the ZEP at the end of 2021, instead giving Zimbabweans who held a ZEP a ‘grace period’ of one year to apply for mainstream permits [1] from the Department of Home Affairs (DHA). The decision caught us unawares and renewed or reinforced our sense of limbo and instability. In this article I reflect on the situation and describe the mixed reactions of fellow Zimbabweans. As a ZEP holder, my feelings and views are not necessarily those of others or representative of others in this group. I have tried to incorporate other Zimbabweans’ views expressed on social media platforms and in the mainstream media. I employ Shona adjectives for subheadings. Shona is my first language and is spoken by the majority of Zimbabwe’s 15 million people.
Migration to South Africa
South Africa anchors the southern tip of the African continent. On this map one can also figure out the nations I highlight as sources of immigrants in South Africa. I am writing from Makhanda (Grahamstown) highlighted by the purple dot. Source: GoogleMyMaps
South Africa is a part of the sixteen-member Southern African Development Community. Compared to its neighbours, South Africa is the wealthiest, and has the largest population (approximately 60 million). Migrants and refugees come from most of the African continent, both war-torn countries like Somalia and the Democratic Republic of Congo, and stable countries like Lesotho and Rwanda, where individuals are persecuted because they belong to particular ethnic groups and regions. Migrants also come from politically volatile countries like Eritrea and Ethiopia, as well as neighbouring Zimbabwe, Malawi, Mozambique, and Eswatini.
Zimbabweans are concentrated Gauteng Province (Pretoria-Johannesburg) and Cape Town, but a few also live in smaller cities throughout the country. Source: GoogleMyMaps
Zimbabweans, like all migrants, live throughout South Africa, including small towns like Pringle Bay in the Western Cape and Kenton-on-Sea in the Eastern Cape (see purple flags in Figure 2). In Cape Town they mostly live along the Voortrekker Corridor, and in Johannesburg, mostly in Hillbrow and Yeoville (see blue flags in Figure 2). They are service workers in the hospitality sector (i.e., waiters, cleaners, etc.) in places like Mall of Africa in Johannesburg and along the West Coast in Cape Town. Many Zimbabwean migrants are farm workers in the vineyards of De Doorns in the Western Cape, and in the Limpopo area, or sell vegetables and other merchandise on busy traffic intersections, for example, in Cape Town at Bayside Mall in Tableview and on Delarey Road in Parow.
A History of Special Permits in South Africa
Zimbabweans are not the only Africans to be granted special permits in South Africa. In August 2015, the Lesotho Special Permit was introduced (90,314 permits issued).[2] It was replaced in 2019, by the Lesotho Exemption Permit which will expire at the end of 2023. In August 2021, about 5,000 Angolan refugees and asylum seekers were granted Angolan Exemption Permits which replaced Section 24 and Section 22 permits granted before 31 August 2013 (the end of the Angolan civil war).[3]
On September 20, 2010, South Africa’s Department of Home Affairs (DHA) implemented the Dispensation of Zimbabwe Project (DZP). The main motive was to help alleviate pressure on the DHA which was failing to cope with high volumes of applications for asylum, especially from Zimbabweans. The DZP also recognized the dire situation in Zimbabwe where the polarised and toxic political environment was driving people from the country. Most crossed the Limpopo River into neighbouring South Africa. While some were fleeing a heated political situation, most were in search of greener economic pastures.
Each applicant paid a fee of ZAR870 (in 2010, this amounted to about USD $87), the DHA received 294,511 applications, of which 242,731 were granted permits while 51,780 were either rejected or not finalised.[4] Of the latter, 6,211 were rejected as the applicants were alleged to have contravened the Immigration Act, drug legislation or traffic legislation. Some were accused of theft, robbery, assault, fraud, and dangerous drug dependency. The requirements for an application were a valid passport, proof of employment or business registration and, for students, proof of registration from a learning institution. The government granted amnesty to those who possessed fraudulent documents. Preferring a longer-term permit, 45,255 applicants chose not to pursue their asylum and refugee claims. Obtaining the permit meant they would no longer have to go to the DHA offices to renew asylum documents every 3-6 months.
On the 12th of August 2014, the Zimbabwe Special Dispensation Permit (ZSP) was introduced as an extension of the DZP. No new applicants were allowed as the ZSP was only intended for DZP holders. As the DHA’s Chief Director for Permits Jack Monedi stated, the permits were for those who “took pains to trust the South African government to offer them protection, to continue to stay in South Africa at the initial stages.” It’s notable that the South African mainstream media speculates that there are “millions” of Zimbabweans residing in South Africa, yet only slightly over a quarter of a million people applied for the permits. The ZSP was only valid for 3 years.
After the ZSP came the Zimbabwean Exemption Permit, introduced on 15th September 2017 by then Minister of Home Affairs, Prof. Hlengiwe Buhle Mkhize. The permit expired on 31st December 2021. About 180,000 Zimbabwean nationals are in possession of a ZEP, compared with 242,731 people who were granted the DZP in 2010. It seems clear that some Zimbabweans opted to go back home over the years, and of course, some were repatriated back across the Limpopo River in coffins.
For each of these permit extensions, in the times between applying for renewal and being issued a permit, one could travel, operate a bank account, keep one’s job, continue with studies, etc. – by producing a receipt as proof that one had applied to renew it. These Zimbabweans were not considered undesirables. I travelled to Zimbabwe for my PhD fieldwork research in October 2018 while I was waiting for my permit, which I had applied for in October 2017. People could wait a long time for their permits—a year in my case—it was a sign that the DHA had no capacity to process them in a timely way.
Reflections on the Reactions of ZEP Holders
Kusagadzikana nekukatyamadzwa (Anxiety and Shock)
Given the history of these regular extensions, with the announcements made around August-September, Zimbabweans with ZEPs became anxious when the DHA remained quiet for almost three months in 2021. Only on 29th November did the Director General of Home Affairs confirm the Cabinet’s decision and grant a 12-month grace period during which ZEP holders had to obtain alternative permits provided for in the Immigration Act 13 of 2002, or risk being arrested and deported. The DHA Immigration Directive 10 also stated that,
All companies, employers, learning institutes and banks are to kindly note that applicants who are in possession of a ZEP expiring on 31 December 2021 must be allowed to continue with their services, provided that they submit proof of application for a mainstream visa in terms of the Immigration Act and Immigration Regulations. Proof of application must be a VFS receipt.
This directive caused a lot of panic. Faced with complaints and threats of legal action, the Minister of Home Affairs, Aaron Motsoaledi, withdrew Directive 10 and issued Immigration Directive No. 11 of 2021.
Tarisiro (Hope and anticipation)
Most ZEP holders work in the hospitality industry and low-skill menial jobs and are unlikely to qualify for the critical skills list published on 2nd February 2022 by the DHA.[5] This list falls under the Immigration Act, and sets out the qualifications and skills needed when people apply for visas and permanent residence permits. However, the conditions required for these permits are virtually unattainable for most ZEP holders—few of them have degrees or diplomas in the so-called critical sectors. None of them has the ZAR 5 million (USD $300,000) required to start a business. Moreover, an employer is required to advertise a low-skill post at least three times and doing so will surely find a ‘qualified’ South African employee. Faced with these difficulties, some Zimbabweans are pinning their hopes on the possibility of the DHA considering a waiver one can apply for to disregard some of these requirements. However, some applications have been rejected already.[6]
Describing it as a “hasty, untransparent and ill-considered” decision, the Helen Suzman Foundation has challenged the DHA’s resolution to discontinue the ZEP, and the High Court will hear the case on in early October 2022.[7] An irate Aaron Motsoaledi described the challenge as a “perfect example of the destructive role that some non-governmental organisations are capable of.” The Minister went on to claim that the decision has been widely supported by South Africans as it is “lawful, reasonable and rational” and would be vigorously defended. He was probably referring to the overwhelming support he got from right-wing political groups like ActionSA[8] and South Africa First[9], and the anti-immigrant vigilante entity Operation Dudula.[10] In his previous portfolio as Minister of Health, Motsoaledi blamed African “foreigners” for “burdening” South Africa’s health care system,[11] so his firm position is in keeping with his animus towards other Africans.[12] Another organisation, the Zimbabwean Immigration Federation has launched an application in the Pretoria High Court seeking to defend the rights of Zimbabweans living in South Africa. ZEP holders are eagerly awaiting the outcomes of the two cases. Not all hope is lost.
Chadzimira (Confusion)
The Zimbabweans in Cape Town Facebook page indicates that some ZEP holders are already being refused service at some banks and traffic departments because of the DHA’s decision. For the rest of 2022, no ZEP holders can secure loans, furniture on credit, or mortgages. The decision is giving headaches even to those who are married to South Africans and have children attending local schools.
As the rhetoric that Zimbabweans take South Africans’ jobs gains momentum, I think of the vegetable vendors[13] in areas with high immigrant populations along the Vootrekker Corridor (Bellville, Goodwood, Parow, Maitland), Kraaifontein and Parklands, as well as the specialist hairdressers at the Khayelitsha Metrorail Station.[14] The vendors sell vegetables like covo, pumpkin leaves, okra, etc., and imported products like Shumba Maheu, Cerevita cereal, Mazoe Orange Crush, Kapenta Fish, cassava, palm oil and Mopani worms. These are staple foods of the immigrants residing in these areas. I am sure South Africans have no idea where these foods are sourced and chasing away the suppliers means taking away people’s food.
Kukungura (Regrets)
When I travelled to South Africa to pursue my education in 2009, I knew the country could afford me that opportunity since it has world-class universities. To an extent, I achieved that goal, enrolling at Stellenbosch University and the University of Cape Town. I am looking forward to completing my doctoral studies at Rhodes University. Other Zimbabweans fled political violence[15], abductions, and torture; not every one of us came from a safe area like I did. People were also persecuted because they were part of the LGBTQI+ community.[16] We all sought refuge in South Africa since it looked like a haven for everyone. When I compare myself to peers who left for the United Kingdom, USA, New Zealand, Germany or Australia, I deeply regret that I moved to an African country that treats Africans worse than do the former colonial powers. Most of my friends are now permanent residents or citizens of these countries, while I am holding one restrictive permit after another.
Earlier I mentioned the 45,255 Zimbabweans who opted not to pursue their asylum and refugee claims. These people really “took pains to trust the South African government to offer them protection” as highlighted by Monedi in 2014. Today the same individuals are left in limbo, lamenting why they let go of their permits. They feel betrayed by an administration meant to protect them, and they regret falling for the ploy. That regret is not only among Zimbabwean immigrants. Officials in the ruling African National Congress sometimes say they regret having treated Zimbabwe’s ruling ZANU PF with kid gloves in the name of African solidarity and brotherhood. For example, when President Thabo Mbeki capped his ill-thought out ‘quiet diplomacy’ policy[17] by endorsing Robert Mugabe who had lost an election to Morgan Tsvangirayi.[18] The political violence that ensued drove hordes of Zimbabweans across the Limpopo River into South Africa. The consequences of such a decision are only manifesting now and it is too late.
Gwinyiso/Kusimbisa (Fear and Courage)
As the grace period deadline looms, the posts I see on the Zimbabweans in Cape Town[19] page show that people are becoming desperate. Most have no idea what to do next. Some are losing their savings to bogus immigration consultants who promise they can help secure the relevant permits. I consulted one myself. It was when he explained what I would have to pay every step of the way that I realised I would not be able to foot the bill. Some Zimbabweans have thrown in the towel and are making plans to move back home. (The children of Zimbabweans here in South Africa have never learned Shona in schools, only English and Afrikaans. If they return to Zimbabwe, integration into Zimbabwean schools will be a challenge). Others are adamant that they will remain in the country regardless of whether they will be granted permits or not. They argue that they have known people who have stayed without permits for over a decade and they do not see it necessary to apply for one.
Conclusion
If the DZP was introduced because of the volatile political climate in Zimbabwe, then nothing has changed to date. The situation has been getting worse since the military takeover that ousted Mugabe in 2017. If the DZP was introduced to alleviate pressure on asylum processing at the DHA, the delays and other obstacles experienced by other immigrants still applying for asylum only substantiates that nothing has shifted regarding the way DHA operates.
There must be another reason for the sudden shift in position. The ruling ANC lost ground[20] in last year’s local government and municipal elections in parts of Gauteng to two new political parties that are riding a wave of anti-immigrant rhetoric. The two parties are Herman Mashaba’s ActionSA and Mario Khumalo’s South Africa First, with the latter famous for the #PutSouthAfricaFirst slogan. Discontinuing the ZEP could be the ANC’s way of pandering to those who blame immigrants for the social ills in South Africa. Thus taking action on immigration is part of the ruling party’s power-retention strategy. Its desperation is seen in its endorsement of the vigilante organisation Operation Dudula,[21] which goes door to door removing immigrants from workplaces.
The Covid-19 pandemic was also a game-changer. Vulnerable citizens expecting to get support from government were left frustrated. To make matters worse there were reports of government ministers diverting funds to their own families or issuing tenders to bogus companies. The Minister of Health, Zweli Mkhize, who was forced to step down is an example.[22] There was a total shutdown of the town in Makhanda[23], where I was at the time, as protesters directed their anger at the ANC-controlled Makana Municipality for neglecting the city. More people lost jobs as some companies never opened doors again after the pandemic. Yet, the ruling party seems to view discontinuing permits for 180,000 Zimbabweans as a way of recovering jobs for the locals.
Panguva yakaoma (Between a rock and a hard place)
I often get asked by friends and potential employers why I did not shift to an alternative permit since I have been here for 11 years. The question doesn’t consider the restrictive provisions of the special permit. I could have had the permit revoked the moment I applied for another. The permit also stated that I would not be entitled to applying for permanent residence in South Africa. All this, despite that I have contributed so much to this country over the years. Even though we were given a grace period to apply for permits, the two options are false choices. Firstly, it is not feasible to maintain a job for most of us, given the demands one must meet to be granted the permit. Secondly, to state that one would be deported for failure to regularise their stay under these conditions is deceitful of the Minister. He is simply attempting to drive ZEP holders out of the country en masse.
Given the rising unemployment levels in South Africa, the Minister of Home Affairs blames immigrants, including ZEP holders, without necessarily thinking about the long-term consequences. Employed ZEP holders have often stayed in the same job for as long as they have been here and have become specialists. Even working as a service provider in a restaurant requires skill and experience.
References
[1] Examples of these are, and are not limited to: General Work Visa, Critical Skills Visa, Study Visa, Visitor’s Visa, and Intra-Company Transfer Visa.
[2] The Lesotho Special Permit. See For information, Applicants (LSP holders) should call VFS at: 087 230 0411
[3] The Angolan Special Permits. See Qualifying Angolans invited to apply for exemption permit
[4] The revenue created in 2010 alone was ZAR244 million. In 2010, the South Africa rand was much stronger: ZAR7 to the dollar (today it is ZAR17 to the dollar), and this revenue translated into about US$35 million. The application fee went up over the years. In 2017 it was pegged at R1090 (US$84 at rate of ZAR13 to the dollar) per applicant.
[5] Gazetted Critical Skills List (No. 45860, Government Gazette, 02 February 2022). See Critical-skills-list.pdf (businesstech.co.za)
[6] Applications have either been rejected or are yet to be responded to. For more, see As deadline approaches Zimbabweans face a stark choice: start from zero in a broken country or live undocumented in SA | GroundUp
[7] Helen Suzman Fondation challenges the scrapping of the ZEPs. See New court challenge launched over decision to scrap Zim... (dailymaverick.co.za)
[8] For more on ActionSA’s stance towards African immigrants, see Mashaba: ActionSA unapologetic about stance on border control, illegal migrants (capetalk.co.za)
[9] For more on South Africa First, see We’re not xenophobic, says South African First president Mario Khumalo (iol.co.za)
[10] Unpacking Operation Dudula, see What is Operation Dudula, South Africa’s anti-migration vigilante? | Features | Al Jazeera
[11] Foreigners are burdening South Africa’s health care system: Motsoaledi, see Foreign nationals are burdening SA health system: Motsoaledi - SABC News - Breaking news, special reports, world, business, sport coverage of all South African current events. Africa's news leader.
[12] Minister Motsoaledi’s sentiment on foreigners straining South Africa’s health care system was recently echoed and defended by Limpopo Health MEC Phophi Ramathuba. See “You are killing my health system”
[13] A variety of vegetables brought to South Africa by Zimbabweans. See Zimbabweans introduce South Africans to new greens | GroundUp
[14] Zimbabwean hairdressers are popular at the Khayelitsha Train Station. See The Hairdressers of Khayelitsha Mall - INFRINGE
[15] Zimbabwe’s post-2008 election violence drove multitudes out of the country. See This is no election. This is a brutal war | Zimbabwe | The Guardian
[16] The Government of Zimbabwe has been so consistent and persistent on persecuting the LGBTQI+ community. See Zimbabwe: End Attacks on LGBT People | Human Rights Watch (hrw.org)
[17] President Thabo Mbeki’s ‘Quiet Diplomacy’. See Thabo Mbeki's quietly destructive policy on Zimbabwe - ISS Africa
[18] President Mbeki’s stance on Zimbabwe compounded the country’s problems. See Editorial: Mbeki betrayed democracy
[19] The group has over 100 000 members.
[20] ANC lost seats in the Metros to emerging anti-immigrant parties. See ANC loses hung metros as opposition ‘coalition’ strikes - The Mail & Guardian (mg.co.za)
[21] Although the ruling ANC publicly denies any associations with the vigilante organisation Operation Dudula, indications are that they endorse it. See Dudula vigilante group has the ANC stamp of approval - The Mail & Guardian (mg.co.za)
[22] The resignation of Zweli Mkhize, see Zweli Mkhize resigns over Digital Vibes scandal (iol.co.za)
[23] Shutdown in Makhanda, 2021. See Makhanda shutdown set to continue Tuesday – Grocott's Mail (ru.ac.za)
About the Author
Barnabas Ticha Muvhuti
Barnabas is a Global Fellow for the Refugees in Towns research program. He is a PhD candidate in Art History at Rhodes University with the NRF/DST SARChI Chair Geopolitics and the Arts of Africa, Arts of Africa and Global Souths research program. His research interests are on the marginalised Black modern art teachers in Zimbabwe, the practices of contemporary artists based on the African continent and its diasporic community, and the integration experiences of migrants in southern Africa. Muvhuti is an alumnus of Stellenbosch University, the University of Cape Town, and Midlands State University. He has worked as a Gallery Assistant at the AVA Gallery in Cape Town and the Centre for African Studies Gallery (UCT), a Research Assistant and Project Manager at the Centre for Curating the Archive (UCT), and a Research Assistant for the Curatorial Department at the Zeitz MOCAA Museum.