The Helen Suzman Foundation (HSF) acknowledges the nationwide consultation process that being undertaken by the Department of Home Affairs on the future of the Zimbabwean Exemption Permit (ZEP). These consultations follow the 2023 High Court judgment in Helen Suzman Foundation v Minister of Home Affairs and Others, which found the decision to terminate the ZEP’s as unlawful, unconstitutional and invalid.
The Court emphasised that affected individuals must be afforded a meaningful opportunity to be heard before any decision impacting their rights and legal status is taken. Since this order, the Department has issued numerous directives extending the validity of ZEP’s, resulting in an uncertain future for approximately 178 000 ZEP holders.
In light of this, the current consultation process is a critical step in ensuring compliance with constitutional and administrative law obligations, and will result in recommendations that are planned to be submitted to Cabinet by 31 March 2027.
It should be noted that HSF is concerned regarding the lack of dissemination of news of the consultations on the Department’s website and other social media sites.
ZEP holders and other interested stakeholders are strongly encouraged to participate in this process. Consultations are taking place in the following manner:
- Written submissions: Individuals, organisations, and/or community groups may submit electronic representations to DHA via ZEPLEP@dha.gov.za or mailed to Department of Home Affairs, Private Bag X114, Pretoria, 0001 by 15 June 2026.
- Oral representations: Stakeholders may attend in-person consultation sessions hosted by the DHA:
Eastern Cape: 13 May 2026 (Virtual)
Kwa-Zulu Natal: 15 May 2026 (Virtual)
Northwest Rustenburg: 19 May 2026 (In-person)
Western Cape: 20 May 2026 (Virtual)
Limpopo Musina: 22 May 2026 (In-person)
Mpumalanga Mbombela: 26 May 2026 (In person)
Northern Cape: 02 June 2026 (Virtual)
Gauteng (Johannesburg or Tshwane): 05 June 2026 (In-person)
When making written submissions, submissions should speak to personal circumstances, lived experiences, concerns, and policy recommendations regarding the ZEP including:
- How proposed changes would affect ZEP holders, individuals, or other groups;
- Risks relating to rights, livelihoods, or family unity; and
- Suggestions for how the ZEP should be treated moving forward.
HSF encourages all interested stakeholders to monitor official DHA communication channels for updates, including any additional dates, virtual participation options, or changes to submission deadlines.
