ZEP holders face irreparable harm: Adv Ngcukaitobi

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Advocate Thembeka Ngcukaitobi has argued that the holders of the Zimbabwean Exemption Permit will suffer irreparable harm should the Department of Home Affairs terminate the programme.

Ngcukaitobi is representing 1000 Zimbabwean nationals under the Zimbabwean Immigration Federation before a full bench in the Pretoria High Court.

The Zimbabwean Immigration Federation is challenging the Department’s decision to no longer renew the dispensation.

The ZEP is a special permit issued in terms of the Immigration Act, that currently allows 178 000 ZEP holders and their children temporary legal status to live, work and study in South Africa.

The South African government introduced the regime in 2009 to cope with the influx of Zimbabwean nationals who fled the neighbouring country in the midst of political and economic turmoil.

Ngcukaitobi says the termination of the programme will render the Zimbabwean nationals as illegal immigrants after the 30th of June this year.

“The simple question is, on the first of July 2023, what will happen to the 178 000 recipients of the ZEP programme? What will happen to them? It is common cause on the facts that overnight, they will be rendered illegal immigrants in South Africa. That would mean either they deport themselves voluntarily but the facts show that they are unable to return to Zimbabwe for the reasons that will be articulated. What it would then mean is that they would be liable to forced deportation. Alternatively, they would be liable to arrest because they would have violated the provisions of the act.”

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