ZEP Holders and Permanent Residence: Clarifying the Deputy Minister’s Statement

Following a recent television interview with Deputy Minister of Home Affairs Njabulo Nzuza, several media outlets have reported that Zimbabwean Exemption Permit (ZEP) holders can now apply for permanent residence in South Africa. This interpretation requires correction.

Having reviewed the interview in full, I am of the view that no new policy has been introduced and no change in the law has occurred.

What the Deputy Minister Actually Said:

“The ZEP was a spe­cial per­mit issued to Zim­b­ab­weans under cer­tain con­di­tions and we have been renew­ing it over time. And even right now we have been call­ing on those hold­ers of that per­mit to look at other legal path­ways in which they may apply for per­man­ent res­id­ence or any other form of per­mit, because the exemp­tion per­mit itself was meant to be a tem­por­ary arrange­ment.”

“But rather if they seek to stay in the coun­try they must apply for other forms of entrance into the coun­try, includ­ing to apply for per­man­ent res­id­ence and other per­mits.”

“All those applic­a­tions will be looked at on merit, it’s not going to be a blanket approach where you say all ZEP hold­ers are now per­man­ent res­id­ents. Every per­son should apply and then we determ­ine if they qual­ify.”

Deputy Minister Nzuza’s statement was consistent with the existing legal framework. He indicated that ZEP holders whose permits were always intended as a temporary arrangement should explore other legal pathways to regularise their status in South Africa. He specifically referenced temporary residence permits and permanent residence as possible routes, assessed on individual merit.

This is not a new position. It reflects the Department’s longstanding guidance that ZEP holders should seek to transition to substantive permit categories rather than rely indefinitely on an exemption permit.

What Was Misread

The Deputy Minister did not announce a new right for ZEP holders to apply directly for permanent residence. He did not introduce a blanket policy or a new application category. He was explicit that each application would be assessed on its own merits, his words, not an interpretation.

The correct legal pathway remains as follows:

1. ZEP holders should apply for an appropriate temporary residence permit, such as a work visa, corporate visa, or other relevant category.
2. Once they hold a qualifying temporary residence permit for the required period and meet all relevant criteria, they may apply for permanent residence under Section 26 or Section 27 of the Immigration Act.

There is no shortcut or new route created by this interview.

Public Participation Is Still in Progress

It is also important to note that the public participation process regarding the future of the ZEP and related policy is still ongoing. Any substantive policy change will need to follow the proper legislative and consultative process before it takes effect. Until that process is concluded and a formal announcement is made, nothing has changed.

What ZEP Holders Should Do

If you currently hold a ZEP and wish to remain in South Africa on a long-term basis, the advice remains the same: assess which temporary residence permit category you qualify for, seek expert immigration advice, and begin that application process promptly. Do not delay action based on the assumption that a new policy is imminent or already in effect.

Conclusion

The media coverage following this interview has, unfortunately, created confusion at a time when ZEP holders are already navigating significant uncertainty. The Deputy Minister’s statement contained no new laws, policies, or application categories.

IBN Immigration Solutions and the Immigration Advisory Board of South Africa will continue to monitor developments and provide accurate, legally grounded updates as the situation evolves.

Written by Andreas Krensel, Senior Director, Africa and Europe, Cape Town