PRESS STATEMENT: ZIMBABWEAN NATIONALS GRANTED EXEMPTIONS IN TERMS SECTION 13(2)(b) OF THE IMMIGRATION ACT 13 OF 2002

1. As previously communicated, the Department of Home Affairs (“DHA”) appointed the Departmental Advisory Committee (“DAC”) led by Dr Cassius Lubisi to assess the visa applications lodged by the affected Zimbabwean nationals. The DHA also appointed an outside legal firm to handle all court challenges relating to the decision not to extend the exemptions granted to the Zimbabwean nationals and related matters.

Progress report

2. The Minister of Home Affairs (“Minister”) received a progress report from Dr Cassius Lubisi. The report states that the DAC has met on several occasions in order to execute its mandate, and their last meeting was held for the whole day on the 1st’ of September 2022. The DAC recommended to the Minister that in view of the progress thus far, it will be prudent for the Minister to consider extending the period within which the affected Zimbabwean nationals will have an opportunity to apply for visas and / or waivers for a further six months.

3. The Minister has carefully considered the request and decided to extend the period by a further six months, that is, 31 December 2022 to 30 June 2023.

Another factor considered by the Minister is that few Zimbabwean nationals have thus far applied for visas and / or waivers. To this end, the Minister has issued another Directive annexed hereto marked “A”

4. The Minister is committed to affording the affected Zimbabwean nationals another opportunity to apply for one or other visas and / or waivers provided for in the Immigration Act.

5. The Directive containing the decision of the Minister will be communicated through diplomatic channels to the Zimbabwean Ambassador in South Africa.

6. The DHA calls upon all the affected Zimbabwean nationals to make use of this window of opportunity and not wait for the last moment to lodge their applicantions as is the case

There will be no further extension granted by the Minister.

Media enquiries:

Siya Qoza-082 898 1657 (Spokesperson for the Minister of Home Affairs)

David HIabane-071 342 4284 (Media Manager for the Department of Home Affairs)

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ANNEXURE A:

MINISTER HOME AFFAIRS REPUBLIC OF SOUTH AFRICA

Private Bag X741, Pretoria, 0001, Tel: (012) 432 6635 Fax: (012) 432 6675

Private Bag X9102, Cape Town, 8000, Tel: (021) 469 6507, Fax: (021) 461 4191

DEPARTMENT OF HOME AFFAIRS:    HEAD OFFICE

BORDER MANAGEMENT AUTHORITY PROVINCIAL OFFICES

REGIONAL AND DISTRICT OFFICES IMMIGRATION OFFICERS: PORT CONTROL IMMIGRATION OFFICERS: INSPECTORATE PERMITTING SECTIONS

CIVIC SERVICES 

MINISTER’S IMMIGRATION DIRECTIVE NO: 2 OF 2022

IMPLEMENTATION OF THE DECISION TO EXTEND ZIMBABWEAN NATIONALS’ EXEMPTIONS GRANTED IN TERMS OF SECTION 31(2)(b), READ WITH SECTION 31(2)(d) OF THE IMMIGRATION ACT 13 OF 2002

I, Dr PA Motsoaledi, MP, Minister of Home Affairs having, with the powers bestowed upon me in terms of section 31(2)(b), read with section 31(2)(d) of the Immigration Act, decided to extend the Zimbabwean exemptions granted to Zimbabwean nationals for a further period of 6 months in order to allow the holders thereof to apply for one or other visas provided for in the Immigration Act that they may qualify for, hereby direct that this decision should be implemented as follows, during the further six months’ period, from 31 December 2022, ending on 30 June 2023:

1. No holder of the exemption may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of the section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate (i.e permit label / sticker) in his or her passport.

The holder of the exemption permit may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act

2. The holder of the exemption may be allowed to enter into or depart from the Republic of South Africa in terms of section 9 of the Act, read together with the Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the Republic, save for the reason of not having valid permit indicated in his or her passport; and

3. No holder of exemption should be required to produce—

• a valid exemption certificate;

• an authorisation letter to remain in the Republic contemplated in section 32(2) of the Immigration Act when making an application for any category of the visas, including temporary residence

Any enquiry related to the contents of this Directive, should be directed to Mr Yusuf Simons at Yusuf.Simons@dha.gov.za or

at 082 809 2142

Signed at Pretoria on this 2nd day of September 2022.

DR MOTSOALEDI, MP MINISTER OF HOME AFFAIRS DATE: 2nd SEPTEMBER 2022