Back to court for Zimbabwean permit holders seeking to stay in SA

Anti-immigration group Operation Dudula announced on Friday that it is taking Home Affairs Minister Leon Schreiber to court over his decision to extend Zimbabwean Exemption Permits (ZEPs) by 18 months. That extension expires in May 2027. Operation Dudula – which has been accused of fanning xenophobia in SA – served a notice of motion on the minister, arguing that he lacked the authority or followed improper procedures inextending the ZEP deadline.

Operation Dudula wants the minister and the director-general of Home Affairs to issue a new directive inviting ZEP holders to apply within six for alternative documents under SA immigration laws. If successful, this would impact 180 000 ZEP holders and their families, potentially requiring them to return to Zimbabwe. Among those cited as respondents are the minister and director-general of Home Affairs, the Helen Suzman Foundation (HSF), the Consortium for Refugees and Migrants in SA, the Zimbabwe Immigration Federation (ZIF), and African Amity – a precursor to theZimbabwe Exemption Permit Holders Association(Zepha).

ZEP holders have complained of repeated harassment by Operation Dudula and similar groups: children have been denied enrolment at schools; others have been blocked from accessing hospitals; businesses where they work have been subject to “immigration audits”; andmany have been debanked. “It has been brought to my attention that my client, the sixth respondent in litigation initiated by Operation Dudula, has been invited, amongst others, to defend the legality of the ZEP,” says Advocate Simba Chitando, who represents Zepha. “The prayers in Operation Dudula’s notice of motion, at just a glance, appear unhinged, bizarre, obviously lack any merit, and will be opposed,” he adds. “In my view, their efforts ought to be focused on utilising economic opportunities in the country, and the region, instead of targeting fellow Africans.” ZIF founder Luke Dzviti says the Operation Dudula matter should be thrown off the court roll on technical grounds, as the Minister of Home Affairs is required, in terms of a 28 June 2023 court order, to consult with ZEP holders.