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Court battles likely over decision on Zim visas

Bekezela Phakathi

Court battles could be on the cards following a decision by the government not to renew the Zimbabwean special visas, which granted many nationals of the Southern African nation the right to do business, work or study in SA.

“Holders of the [visas], on the face of it, appear to have three options,” said Simba Chitando, an advocate on behalf of a group of Zimbabweans in SA who filed papers in the high court requesting the government grant holders of the special visas permanent residency.

Special permit holders “can apply for a visa or a permit during the 12-month grace period and run the risk of that application being denied,” he said. If they are denied, they can approach the courts.

Chitando continued: “They can leave SA; and/or challenge the decision by government in court. I have been instructed by various institutions to [consider] legal challenges to the decision.”

During a post-cabinet media briefing on Thursday, minister in the presidency Mondli

Gungubele said the government had decided to no longer issue extensions to the Zimbabwean special dispensation visas.

His comments could stoke anti-immigrant attitudes on the fringes of SA society, who accuse foreign nationals of taking jobs and getting involved in crime. The two social issues drive the agenda in SA, even though studies, including from the World Bank, have shown that immigration is beneficial for the economy.

Without providing specific reasons for the decision, Gungubele said holders of the permit which was due to expire on December 31 would be given a 12-month grace period to apply for other permits that they may qualify for.

“All I know is that this decision has been taken to give a 12-month grace to allow people to organise themselves in a manner that meets the legal requirements of this country. We hope they will take ‘positive’ advantage of this and co-operate. Whether the country [Zimbabwean government] has been informed or not, we normally engage about this,” Gungubele said, suggesting that engagements with the Zimbabwean authorities have not been concluded.

The decision not to renew the visas has left many Zimbabweans in SA in limbo.

The special visas were initially introduced in 2009 to allow Zimbabweans working illegally in SA to gain legal status amid the economic collapse in that country, which forced many to migrate. Nearly 200,000 people were granted the visas for the initial five-year period, which was extended twice.

Chitando said it is very likely that the cabinet decision will be challenged in court. “The decision by cabinet is wrong, and will be challenged in court, on the merits.

“In addition to this, should the holders of the [special permits] fail in their application to migrate to other permits provided for by the Immigration Act, they have a case in a court of law, should they elect to move for judicial remedies,” he said.

Groups representing the Zimbabwe special permit holders have previously argued that affected Zimbabweans who have been based in SA for a decade or more know no other home and that the law allows for the issue of SA permanent residency to such individuals.

But another group, the Zimbabwe Community in SA, which represents Zimbabweans in the country, said it respects the cabinet decision on the basis that it is a “sovereign decision made by a sovereign government informed by its own prevailing conditions”.

“We are therefore not contesting the decision. In the next few days and weeks we will be engaging the SA government to understand what informed this decision. Once we understand what informed this decision, we will then seek to work within this decision and we will also consult SA civil society, who are our partners whom we have worked with all these years on the documentation of Zimbabweans in SA.”

THE DECISION NOT TO RENEW THE VISAS HAS LEFT MANY ZIMBABWEANS IN SA IN LIMBO

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2021-11-26T08:00:00.0000000Z

2021-11-26T08:00:00.0000000Z

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