“In reliance on these permits, Zimbabwean nationals have established lives, families, and careers in SA, which have now been placed in jeopardy,” according to Fritz’s affidavit.
There is a risk that tens of thousands of Zimbabweans will be left undocumented from 31 December 2022. They will be unable to obtain alternative visas in time, even if eligible, due to DHA backlogs and delays.
The ZEPHA case differs in that it wants the court to force Home Affairs to grant ZEP holders South African ID documents. They argue that the ZEP is a permanent residence permit valid for a specific period of time as allowed by the Immigration Act, and that they are therefore entitled to ID documents.
The HSF has also pointed to the fact that few Zimbabweans would qualify for work permits under the critical skills list, nor will they likely succeed in being granted asylum.
One of the reasons cited by Home Affairs for deciding not to extend the ZEP is high unemployment in SA, now at its worst rate since 2008.
“Recently, the country has witnessed violent clashes between foreign nationals and citizens. This is as a result of scarce resources in the country,” says the DHA affidavit.
Chinyanya replies that there is no evidence that ZEP holders are the cause of unemployment in SA, and the cause of xenophobic violence cannot be blamed solely on competition for scarce resources, but on a variety of issues, such as tribalism, ethnic tensions, populism and incitement by political leaders.– Moneyweb
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