Minister of Home Affairs, Aaron Motsoaledi, announced on 4 December that the validity of permits will be extended for holders of the Lesotho Exemption Permit (LEP) and the Zimbabwe Exemption Permit (ZEP) which were due to expire on 31 December 2023 and June 2024 respectively. The validity of both permits have been extended for two more years, until 29 November 2025. During this time, such permit holders are urged to apply for alternative permits which will allow them to remain and work in the country upon expiry of the LEP and ZEP in 2025.
The decision taken earlier this year not to extend Zimbabwean Exemption Permits is the subject of ongoing litigation brought by the Helen Suzman Foundation and others. The application for leave to appeal to the Supreme Court of Appeal has already been launched, following dismissal of the application for leave to appeal the negative judgment by the Department. The parties are still in the process of exchanging the necessary court papers. The outcome of the application for leave to appeal to the SCA or any other appeal process is unknown at this stage.
Exemption permit holders will not be entitled to apply for permanent residence status and the extended permits will not be renewable. A permit holder can also not change their status in the country and must disclose or register all their minor children born and staying in South Africa.
A holder of the exemption permit will be entitled to sojourn in the Republic of South Africa during the validity of the exemption permit. It is very important to take note that permit holders are still allowed to perform work and can continue receiving other South African services from banks, financial- and/or learning institutions. Under the extension, no holder of a valid permit may be arrested, ordered to depart the country, or be detained for deportation for any reason related to them not having a valid exemption certificate.
The liability to ensure that employees have the necessary legal status to be employed rests with the employer. Employees may not be dismissed out of hand once their permits expire. Employers must therefore consider granting the employee reasonable time off, and assistance in applying for new exemption permits through VFS Global and not wait until the last minute to follow incapacity procedures.
Please view the full directive here.
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