In a significant ruling on Wednesday, a South African court has instructed the government to review its decision to terminate special permits that allowed approximately 200,000 Zimbabwe nationals to reside and work in the country.
The government’s decision would have compelled Zimbabweans to return home unless they obtained regular work visas, even if they had children who were born in South Africa and possessed South African citizenship.
The Gauteng High Court in Pretoria declared the Department of Home Affairs’ 2022 decision to terminate the special exemption for Zimbabwean citizens as “unlawful” and “unconstitutional” due to the lack of a fair consultation process.
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Under the court ruling, the permits have been extended until at least June 28 next year.
Initially, the Department had set a deadline of June 30 this year for the termination of the Zimbabwe Exemption Permit system, which was later extended until the end of this year.
Approximately 178,000 Zimbabwe nationals currently reside in South Africa under this scheme, which was implemented in 2010 to address the influx of Zimbabweans fleeing their home country’s enduring economic challenges.
The Helen Suzman Foundation NGO and a migrant rights advocacy group took legal action against the Department of Home Affairs over their decision.
This court ruling brings temporary relief to the affected Zimbabwean nationals, ensuring their continued presence in South Africa while the government reviews its decision in compliance with the fair consultation process demanded by the court.
