ZEP holders urged to seek legal recourse before final deadline

An immigration lawyer says Zimbabwean Exemption Permit (ZEP) holders can avoid deportation by following a legal process such as approaching the courts to request an order of extended stay in the country.

Friday marks the final deadline for ZEP holders to apply for a waiver or transition to a General Work visa, valid until November 2025.

Those who fail to secure a one-year exemption permit by the end of the day are at risk of deportation. However, asylum seekers, refugees and migrant advocacy groups argue that Home Affairs backlogs have made meeting the deadline nearly impossible.

Ashraf Essop, a Specialist Immigration Lawyer, outlines some legal remedies that could help.

“Does a dysfunctional office allow you to miss the deadline? I would suggest not because the deadline has been given a year ago. If you are in the Republic (of South Africa) without a visa or permission to remain, then you’d be declared to be illegal and in terms of the Immigration Act, an illegal foreigner must be deported. You can become illegal but (are) allowed to remain only when there’s a legal process still in place. For example, if you filed an application but didn’t receive an outcome, you’re well within your right to go to court within 90 days and ask for an order from the Minister to put in another 90 days, which will be considered reasonable.”

PODCAST | Today is D-day for ZEP holders to apply for exemption permit: