The Department of Home Affairs (DHA) has provided an update on the future of the exemption permits for Zimbabwean and Lesotho nationals.
Media reports earlier in the week suggested that Zimbabwean Exemption Permit (ZEP) holders and their Lesotho equivalents would be allowed to apply for permanent residency.
DHA stated on Wednesday that this was not the case, as consultations on the ending of the permits were still underway.
The most significant development regarding the permits was a 2023 court ruling declaring the permits’ discontinuation unconstitutional, forcing the department to revise the legislation.
The last extension in the 17-year history of the permits was announced in June 2025, stating that the permit would expire in May 2027.
Seeking ‘other legal pathways’
Statements made in media interviews earlier this week by Deputy Home Affairs Minister Njabulo Nzuza led to reports that ZEP holders could apply for permanent residency.
Nzuza said ZEP holders “should be looking at other legal pathways” to secure their stay in South Africa.
“If they seek to stay within the country, then they must apply for other forms of entrance into the country,” the deputy minister said.
The department corrected this statement on Wednesday, stating it was still busy with consultations on a revised white paper on citizenship, immigration and refugees.
DHA confirmed that there had been no change in the status of the ZEP and the implications for its holders or the Lesotho equivalent.
Home Affairs reiterated the deadlines and said its current consultations were to ensure a “fair, transparent, and legally sound” final outcome.
“Consistent with the conditions of their permits, the holders of ZEP do not qualify for permanent residence permits,” the department clarified.
17 years of ZEP
The first special allowances for Zimbabwean nationals were granted in 2009 as a five-year permit called the Dispensation for Zimbabwe Permit.
That permit was extended for three years, then repeatedly extended until the government moved to end the programme by December 2021.
A subsequent legal challenge by the Helen Suzman Foundation compelled the department to comply with certain provisions of the Promotion of Administrative Justice Act.
This resulted in the proposed legislative adjustment and the current deadline extension to 29 May 2027, while the government conducts a public participation programme.
“The Department of Home Affairs remains committed to finding a sustainable and fair solution to this long-standing matter relating to permit holders.
“A detailed report with clear recommendations will be presented to Cabinet by the end of the 2026-27 financial year,” Home Affairs concluded.