ZEP Holders urged to have their say as SA opens consultations on permit future

The Helen Suzman Foundation (HSF) has urged Zimbabwean Exemption Permit (ZEP) holders and other stakeholders to participate in nationwide consultations launched by South African Department of Home Affairs on the future of the permits.

The consultations follow a 2023 High Court ruling in Helen Suzman Foundation vs Minister of Home Affairs and Others, which declared the decision to terminate ZEPs unlawful, unconstitutional and invalid.
The court ruled that affected individuals must be given a meaningful opportunity to be heard before any decision impacting their rights and legal status is taken.

Since that order, the Department of Home Affairs has issued several directives extending the validity of ZEPs, leaving the future of an estimated 178,000 permit holders uncertain.

In a statement this week, the HSF said the consultation process is a critical step in ensuring compliance with constitutional and administrative law obligations.

The Department of Home Affairs is expected to submit recommendations to Cabinet by 31 March 2027.
However, the Foundation raised concern over limited dissemination of information about the consultations on the department’s website and social media platforms.

“In light of this, the current consultation process is a critical step in ensuring compliance with constitutional and administrative law obligations, and will result in recommendations that are planned to be submitted to Cabinet by 31 March 2027,” said the Foundation.
“It should be noted that HSF is concerned regarding the lack of dissemination of news of the consultations on the Department’s website and other social media sites.
“ZEP holders and other interested stakeholders are strongly encouraged to participate in this process.”
The Foundation said written submissions can be made electronically or by post to the Department of Home Affairs by June 15, 2026.

It added that oral representations will be made through scheduled consultation sessions across provinces, including virtual and in-person meetings in Eastern Cape, KwaZulu-Natal, North West, Western Cape, Limpopo, Mpumalanga, Northern Cape and Gauteng between May and June.
When making submissions, stakeholders are encouraged to highlight personal circumstances, lived experiences, concerns and policy recommendations regarding the ZEP.

These may include how proposed changes could affect livelihoods, family unity and legal status, as well as suggestions on the way forward.
“HSF encourages all interested stakeholders to monitor official DHA communication channels for updates, including any additional dates, virtual participation options, or changes to submission deadlines,” said the Foundation.
The ZEP was introduced in 2009 to regularise the stay of Zimbabweans living in South Africa.
Its planned termination has sparked years of legal and political contestation.