APPROXIMATELY 180 000 Zimbabwe Exemption Permit (ZEP) holders have been gripped by anxiety after South Africa’s Department of Home Affairs issued a statement contradicting its deputy minister regarding a pathway to permanent residency.
The confusion surfaced after deputy minister Njabulo Nzuza said in a televised interview that pursuing permanent residency was a “viable path” for Zimbabwean nationals seeking to remain in the country beyond the looming permit deadline.
Within hours, the Department of Home Affairs released an official statement saying “there has been no change in policy”.
“Consistent with the conditions of their permits, the holders of ZEP do not qualify for permanent residence permits,” the Department of Home Affairs statement read.
The ZEP programme, a temporary dispensation established in 2009 to regularise Zimbabweans fleeing economic instability, is set to expire on May 29, 2027, following an 18-month extension gazetted in October 2025.
The contrasting statements over long-term status has left ZEP holders, many of whom have lived in South Africa for nearly two decades, in legal limbo.
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Advocate Simba Chitando, representing the Zimbabwe Exemption Permit Holders Association, said the incident underscored the prolonged instability facing his clients.
“We have been arguing for a right to permanent residency since the ZEP was first cancelled,” Chitando told NewsDay.
“Yet there remains nothing in writing from Home Affairs confirming any change whatsoever.”
The current legal framework for the ZEP programme is governed by a 2023 Gauteng High Court ruling which found that former Home Affairs minister Aaron Motsoaledi had acted unconstitutionally by attempting to terminate the programme without a fair public consultation process.
That consultation process is ongoing, with the department stating that a report is expected to be presented to Cabinet by the end of the 2026-27 financial year.
The matter remains further complicated by ongoing litigation.
In March 2026, the Supreme Court of Appeal dismissed a ministerial appeal, paving way for the Zimbabwean Immigration Federation to argue that only Parliament holds the authority to terminate the programme if constitutional rights are invoked.
Anti-immigration group Operation Dudula is pressing a separate court application seeking to overturn the October 2025 extension granted by Home Affairs minister Leon Schreiber, alleging the decision was made without proper authority.
While current protection against arrest, detention and deportation remain in place until the May 2027 deadline, the department urged holders to avoid “misinformation that may cause unnecessary anxiety”.