From April 2009 to April 2010 the Department of Home Affairs implemented the special dispensation for Zimbabweans. Under this dispensation there was a moratorium on the deportation of Zimbabweans, and furthermore they were afforded a three month visa free entry into South Africa. However, at the end of this dispensation the moratorium on deportations remained in effect.
In September 2010 the current Zimbabwean dispensation project was launched by the Department of Home Affairs. This project was implemented with the aim of regularising the stay of undocumented Zimbabweans in South Africa.
From September to December 2010, undocumented Zimbabweans were given the opportunity to apply for free temporary work, study and business permits. These free permits were issued for up to four years. All that was required from the applicants was a valid Zimbabwean passport, a completed application form with fingerprints and written confirmation of employment, proof of registration with an educational institute or proof of business.
Since the issue of these free permits there has been some uncertainty and much speculation as to whether they would be renewed on expiry. These permits are now due to expire during the course of 2014.
On 26 March 2014 the Deputy Minister of Home Affairs, Fatmia Chochan, issued a media statement on the expiration arrangements of the free permits. She announced that at the Cabinet meeting held on 19 March 2014, Cabinet had approved the approach to be taken by Home Affairs on the expiry of the permits. The approach is that permit holders will be expected to reapply for their permits in Zimbabwe.
It is unclear whether reapplication for the permits will be under the same relaxed requirements or if reapplication will be under the normal requirements applicable to regular permits which are very onerous. The Deputy Minister however did say that the Minister of Home Affairs, Naledi Pandor, would host a media briefing and expand further on Cabinet's directive.
At this stage it is important for employers with employees holding these permits to note that the permits are due to expire this year and that those employees will have to reapply for their work permits in Zimbabwe. Due to the increased pressure this will place on the South African Embassy in Zimbabwe, this will likely result in lengthy delays in the processing of work permit applications.
Employers will be well advised to pre-empt the expiry of Zimbabwean employees' work permits and to make adequate arrangements for the renewal of these work permits.
