The waiver allows her and other Zep holders to work and
study in South Africa until November 2025.
“This decision has given me a little bit of time to breathe
and plan,” Machingauta said.
In a statement issued by the department of Home Affairs in
South Africa, Home Affairs minister Aaron Motsoaledi said he was granting
exemption to approximately 178 000 Zimbabwean nationals for a period of two
years in terms of section 31 (2)(b) of the Immigration Act of 2002.
The statement revealed that 78 126 Zimbabwean nationals had
applied for waivers and 10 427 applied for other visa regimes.
As such, the exemption afforded protection as they await
the outcome of their applications, Motsoaledi said.
The extension comes as a temporary relief to Zep holders
who were anxious after the permits were not extended in 2021.
Organisations such as the Helen Suzman Foundation and
Zimbabwe Exemption Permit Holders Association took the Department of Home
Affairs to court arguing that it was unlawful not to recognise the rights and
dignity of permit holders.
ZEP holders breath sigh of relief following court decision
to reserve judgment till further notice
Since 2021, South Africa has been giving six-month to a
year extension to enable ZEP holders to apply for other permit regimes and
waivers.
Machingauta had her waiver approved and is in the process
of applying for a general permit.
Apart from the strain this uncertainty has caused, as a
general hand Machingauta is also concerned about the R3 255 she needs to pay
when submitting her application for a general permit.
“Though at this stage I have been consulting others who
have applied for this permit regime before me, there is no guarantee that your
application will be approved,” Machingauta said.
“Further, I also need to pay for the cost of the medicals
needed as part of the requirements of the general permit.”
Advocate Gabriel Shumba, the chairperson of the Zimbabwe
Exiles Forum, said a waiver in terms of section 31 (2) (c) may be necessary
where one does not meet some of the requirements for the mainstream permits as
in the case of a General Work Visa one may not have the certificate from the
Department of Labour.
Machingauta is also worried as she is struggling to meet
her day-to-day needs as well as taking care of her family in Zimbabwe.
“While things are better here in South Africa, it is
difficult for me to raise all this money and at the same time take care of my
family back home [in Zimbabwe] as I am also the breadwinner,” she said.
Shumba lauded the reprieve saying it was a “welcome relief,
further preventing job losses and uncertainty of savings in banks among
others”.
“However, what is unfortunate is that the window of
opportunity for those who wanted to migrate to waivers and mainstream permits
was closed earlier than December 31, 2023, which had been earlier announced. In
addition, the fact that there is now an added two-year extension does not
dispense with the need to comply with the court decision as the two-year
extension was made absent from the Zep holders,” Shumba said.
Tarisai Magumire (42) was relieved when he managed to get the then special dispensation permits, which were accorded to Zimbabweans to regularise their stay in South Africa in 2009.
This opened doors, enabling him to get a better paying job
and look after his three children.
“As a general hand here, I have been able to sustain myself
and my family here in South Africa and provide for my parents back home in
Zimbabwe,” he said. Newsday
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