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October 10 2021

WILL COVID-19 VACCINATION IN SOUTH AFRICA REMAIN VOLUNTARY?

With South Africa going through the third wave of Covid-19 new infections, the government is on a race to achieve herd immunity amongst the citizens as soon as possible. The vaccination drive is in full swing as a measure to contain the corona virus and prevent high mortality especially in the most vulnerable groups of the population.

Despite seemingly being a noble move to take the vaccine, there are sections of society who have raised objection to taking it citing various reasons from religion, culture, medical to sheer matters of choice. In as much as the government trusts that everyone has seen how fatal the pandemic is and its disastrous effects, it is under an obligation to respect people’s choices.

Section 12 (2) of the Constitution of the Republic of South Africa Act 108 of 1996 provides that everyone has a right to bodily and psychological integrity, which includes the right to make decisions with regards to medical treatment (vaccination). Section 15(1) provides that everyone has a right to freedom of conscience, religion, thought, belief and opinion. Effectively this means on grounds of thought, opinion and belief anyone can refuse to take the vaccine.

However, section 36 of the same constitution provides that rights can be limited under certain circumstances. In exercise of such, the Constitution requires that limitation be done in a way that is reasonable and justifiable in an open and democratic society based on freedom, human dignity and equality, subject to;

The nature of the right;
Importance of the purpose of the limitation;
The nature and extent of the limitation;
Relation between limitation and purpose;
Less restrictive means to achieve the purpose.

Therefore in the event that the government decides to make vaccination mandatory for all citizens and residents in South Africa, section 12 and 15 will be viewed in light of the provisions under section 36 of the constitution. In the cases of Minister of Safety and Security And Another v Gaqa (2002) ZAWCHC 9 and Minister of Health Western Cape v Goliath And Others 2009 (2) SA 248 (C) the Courts upheld decisions that limited the right protected under section 12.

A possibility remains that vaccination may be made mandatory, in order to assist in bringing the Covid-19 virus under control. As we speak the Department of Labour and the business community under the auspices of NEDLAC met in March 2021 and discussed at length the permissibility of companies having vaccination policies in their workplaces. The suggestion was accepted, albeit that those companies desist from dismissing employees who decline to take the vaccine but rather pursue an engagement process that seeks to find common ground and also explore ways to find them alternative roles so as not to pose a risk to those who would have taken the vaccine. This shows that there is real appetite in the business sector to make vaccination mandatory so that business continuity persists, especially for those in sectors which cannot operate remotely and are critical to the heartbeat of the economy.

With regards to international travel the regulations in place require the presentation of a negative covid-19 certificate which is approved by the World Health Organisation for every traveller into the Republic. Where one does not have it they are required to undergo an antigen test immediately, at their own cost. This is mandatory, and in line with this we may see the introduction of regulations to require vaccination certificates before one is allowed into the Republic in future.

We stand ready to assist in a wide array of legal immigration matters so that you can explore and pursue your opportunities across borders legally. Our approach is professional, comprehensive and counters the hurdles in immigration. Contact us for an appointment and consultation.

The information contained in this site is provided for informational purposes only, and should not be construed as legally binding advice on any subject matter. One should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address one’s peculiar situation. We disclaim all liability for actions one may take or fail to take based on any content on this site.

October 5 2021

What Constitutes a Trade/Profession as a Critical Skill – A Look at the Amendments

Immigration Desk: News

South Africa’s Visa/Permit system includes provision for the issuing of a Critical Skills Permit as per section 19 (4) of the Immigration Act 13 of 2002, as amended. This type of permit is issued to an individual who holds qualification or skills that are crucial but nevertheless not adequately available amongst the local citizens of South Africa in identified areas of the economy and industry. The Critical Skills Permit is issued under a relaxed procedure as compared to other types of permits.

Unlike other Permits and/or Visas, the Critical Skills Permit is issued to qualified individuals prior to securing employment for an initial period of 12 months, which is renewable so that the holder may look for work. This is thought to attract qualified individuals to seek employment in the identified industries and therefore compensate for the skills crucially required, locally.

These identified skills must;

Be in acute shortage or there being reasonable forecast that they will be in shortage in the foreseeable future;
Essential for South Africa’s strategic priorities and growth;
High level skills or advanced qualification;
Require considerable time to develop and have enough amongst the locals.

The Department of Home Affairs in consultation with the Department of Higher Education and Training publishes a list of the critical skills for qualified individuals to apply for the Critical Skills Permit to seek employment. The list that is in place came into effect in 2014.

On 18 February 2021 the Department of Home Affairs published for comment, a draft amended list of critical skills along with a technical report. The new list has seen some skills included such as those in information technology, engineering and accounting while various other skills from the 2014 list have been left out. Public comment was opened from date of publication (18 February 2021) until 31 March 2021. The Department is therefore to release the updated and final list.

Amongst the skills and professions included in the draft are University Lecturer, Company Secretary, Management Consultant, Investment Manager, Digital Artist, Chef, Carpenter, General Accountant and Fraud Examiner.

However, Corporate General Managers, millwrights, pipefitters and foreign language speakers for sales support are some of the professions which have not been included in the draft.

It remains to be seen the final list of the critical skills, after which we will publish on our website the final list. Follow this link to see the draft list……

Immigration Law Associates assists with preparation, submission and facilitating follow ups of the Critical Skills permit as well as other permits and Visas. We have assisted hundreds of individuals to lawfully secure permits/visas to advance their careers in chosen industries.

September 25 2021

TEMPORARY RESIDENCE VISAS EXTENDED TO 30 SEPTEMBER 2021

Immigration Desk: News

On Sunday 11 July 2021 South Africa announced the extension of Level 4 Lockdown Restrictions with a further 14 days after the initial 14 days announced on 28 June had lapsed. This was in line with the advice of health experts and analysts who are convinced that the third wave of Covid-19 infections is in full swing.

As part of the regulations under Level 4 interprovincial travel from and to Gauteng is prohibited unless one possesses a confirmation letter to justify such travel between provinces.

On 30 June 2021 the Minister of Home Affairs published amended immigration regulations in the Government Gazette, to give directions with regards to international travel. The below are a few notes from the new regulations published under the Disaster Management Act of 2002.

Validity of temporary Visas extended to 30 September 2021 provided that such Visa was issued between December 2019 and 14 March 2021 and the holder has remained in the Republic. In the event that such Visa was issued as from 15 March 2021 to date, the extension does not apply and upon expiry date on such Visa the holder is required to immediately leave the Republic of South Africa or risk being declared as undesirable;
Holders of Visas which are more than 90 days up to 3 years i.e Study, Treaty, Business, Medical Treatment, Relative, General Work, Retired Person, Critical Skills and Exchange Visas which expired during the national state of disaster, are required to apply online on or before 30 September 2021 or leave the Republic;
Permanent Residence Permits applications to be done as from 1 January 2022 ;
Appeals for permanent residence permit applications as from 1 October 2021 ;
A list of 33 closed ports of entry was published.

It is evident from the above that the Department of Home Affairs may be slowly lifting the reprieve to foreign nationals who hold Visas that expired during the disaster management period. It then becomes important for one to be prepared fully when the reprieve is fully lifted especially with the vaccination drive in full swing.

At Immigration Law Associates we strong advise that holders of expired Visas issued for more than 90 days, contact us so that we can assist to regularise their stay. The processes are fraught with legal and technical hurdles which our expertise and experience clear with absolute precision.

We stand ready to assist in a wide array of other legal immigration matters so that you can explore and pursue your opportunities across borders legally. Our approach is professional, comprehensive and counters the hurdles in immigration. Contact us for an appointment and consultation.

September 15 2021

Tax Implications for Immigrants formally Employed in South Africa

Immigration Desk: News

The South African tax structure is premised on what is referred to as the residence-based system. This system requires that residents be taxed on their world-wide income, subject to exclusions, despite the source or origination of the income. However, with regards to non-residents a different system applies as they are only taxed on an income from a South African source.

Due to increased migration and competing tax rights amongst different countries, Double Taxation Agreements (DTAs) are normally signed which seek to avoid the same income being taxed twice in different countries. Some typical results of other DTA agreements are that where a non-resident earns an income in a country, that income will not be taxed, subject to requirements. It therefore becomes important to qualify who is a resident and who is not.

A person is considered to be a resident of South Africa if, as per common law, is ordinarily resident in the Republic and will return back after travels. On the other hand the Income Tax Act of 1962 presents a physical presence test to determine if a person is a resident or not for the purposes of tax. Under this test a person is a resident if he/she is in South Africa for at least 91 days in total during the tax year in question, 91 days during each year for the past 5 years of assessment preceding the year under consideration and 915 days during the 5 preceding years of assessment. It is important to note that sometimes a person may not be considered a resident under the common law, but be considered a resident under the physical presence test and therefore in that regard, will be taxed under normal procedures as a resident.

With regards to Employment Income, immigrants formally employed in South Africa, in the absence of DTAs and any other exclusion, will be taxed normally as residents should their presence in South Africa fit with the common law or physical presence test requirements.

However for tax purposes they will be regarded as non-residents if the following apply;

Presence of a DTA providing otherwise;
Present in South Africa for less than 183 days during any 12 month period;
Remuneration paid by or on behalf of an employer who is not a resident of South Africa;
The remuneration is NOT proceeds from permanent business interests such foreign employer has in South Africa.

At Immigration Law Associates we have lawfully assisted hundreds of individuals who have fond memories of the professional service they received.

September 5 2021

DHA INVESTIGATES FRAUDULENTLY ISSUED VISAS AND PERMITS – THE POSSIBILITIES

Immigration Desk: News

On 3 March 2021 the Minister of Home Affairs released a media statement to announce the setting up of a task team to investigate some permits which were issued since 2004. The need to set up the task team emanated from the findings of the department’s Counter Corruption Unit (CCU), which investigates corrupt activities by officials of the department as per section 47 of the Immigration Act 13 of 2002. Therefore this exercise is meant to identify and improve on loopholes in the department’s systems, in order to have the immigration system contribute to the economic growth of the Republic.

The Minister was quoted as saying outcomes from the CCU’s investigation of prominent people had found that 66 percent of the issued permits were done so in ways that are not above board. Further, during investigations in November 2020 about 14 department officials in the permit section signed a petition to have the investigations stopped. This then strengthened the resolve to have the investigations done, which culminated in the setting up of the task team to investigate the following types of Visas/Permits issued since 2004 when the Immigration Act 13 of 2002 came into effect;

Permanent residence permits;
Corporate Visas (especially in mining sector);
Business Visas;
Critical Skills Visas;
Retired Persons Visas;
Citizenship by naturalisation;
Study Visas.

In the event that any Permit or Visa is found to have been issued fraudulently, the Department of Home Affairs is empowered and may take the following measures;

To revoke such Permit/Visa;
Refer the matter to the National Prosecuting Authority for prosecution of the department official and the holder of such fraudulent permit;
Declare the holder of the fraudulent Visa/Permit as an undesirable person.

The above consequences are grievous, we strongly advise that one needs to avoid such at all costs. Our service sculpt is firmly built on lawful immigration through lawful processes, so that one can have peace of mind while attending to activities duly authorised on their lawfully issued Visa/permit. We have assisted hundreds of happy clients who have fond memories of the service they received from Immigration Law Associates.

August 25 2021

DO APPLICATION DELAYS AND CRIMINAL RECORDS AFFECT ASYLUM SEEKING?

Immigration Desk: News

The asylum system in South Africa is regulated under the Refugees Act 130 of 1998 (the Act), and informed by adopted Resolutions and Conventions of the United Nations such as the 1951 Convention Relating to the Status of Refugees, as well as International Humanitarian law.

As a point of departure, section 3 (a) (b) and (c) of the Act provides for the categories of persons recognised as worthy of recognition and protection under the asylum system in South Africa as the following;

owing to a well-founded fear of being persecuted by reason of his or her race, tribe, religion, nationality, political opinion or membership of a particular social group, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of the protection of that country, or, not having a nationality and being outside the country of his or her former habitual residence is unable or, owing to such fear, unwilling to return to it; or
owing to external aggression, occupation, foreign domination or events seriously disturbing or disrupting public order in either a part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge elsewhere; or
is a dependant of a person contemplated in paragraph (a) or (b).

Looking at the above the underlying factor is that there should be imminent danger or threat to one’s livelihood and survival, and therefore it is expected that in the event that one wishes to apply for asylum in the Republic, such person must establish and communicate such intention as soon as possible upon presenting themselves at a port of entry.

What then becomes of a situation when the person intending to apply for asylum takes their time and only indicates their desire to apply much later, let alone after being apprehended?

These were the issues in the case of Ruta v Minister of Home Affairs (2018) ZACC 52.

Mr Ruta who is a Rwandan national, entered South Africa illegally through Zimbabwe in December 2014. In March 2016 he was arrested in Pretoria for traffic violations, convicted and sentenced to imprisonment. While in prison the Department of Home Affairs (DHA) launched processes to deport him, but he indicated that he wants to apply for asylum as he faces death in Rwanda. The DHA denied him that opportunity. Mr Ruta then made an application to the High Court to stop the deportation. The DHA opposed the application saying he is a convict (traffic conviction) and that it is too late for him to apply for asylum. The High Court made its finding in Mr Ruta’s favour.

The DHA appealed to the Supreme Court of Appeal, which upheld that Mr Ruta failed to apply for asylum as soon as possible as required by the Refugees Act and the Immigration Act, he is a convicted criminal, and he entered South Africa illegally which means he must be dealt with by the Immigration Act and not the Refugees Act. The minority judgment however held that only crimes committed outside SA applied and any person who has expressed intention to apply for asylum must not be precluded from doing so. The Supreme Court of Appeal consequently overturned the ruling of the High Court.

Mr Ruta then appealed to the Constitutional Court. The Constitutional Court was asked to decide on whether;

An asylum seeker is allowed to apply for asylum at any time (as opposed to as soon as possible).
Section 4 (1) (b) of the Refugees Act applied to criminal convictions within South Africa.

The Constitutional Court in a unanimous judgment upheld that the Refugees Act itself is clear that delay does not disqualify an application for asylum. Further, the exclusion of criminal convictions as per section 4(1)(b) of the Refugees Act, does not apply to offences which were committed in South Africa. The appeal of Mr Ruta therefore succeeded.

Immigration Law Associates is of the view that this judgment is correct. Section 4 (1)(b) is clear that the intention of the legislature was to effect that in the event that an asylum seeker indicates an intention to apply for asylum in South Africa, considerations must be looked into about such person’s criminal status from the country he is coming from, not his destination country as it will be anticipated that he has not yet fully settled in. The words “if committed in the republic” must be read to mean “had the crime been committed in the republic.” The Supreme Court therefore erred in capturing the intention of the legislative provision.

Our advise however, is that persons wishing to seek asylum is South Africa, must enter the country legally at ports of entry and declare their intention as is required, as soon as possible, and refrain from criminal activity as these will only hamper prospects of securing other status in future e.g permanent residence. Approaching the Courts to enforce rights against deportation is costly and time consuming.

August 15 2021

VISA/PERMIT APPLICATION – WHERE DOES IMMIGRATION LAW ASSOCIATES COME IN

Immigration Desk: News

Applying for a South African Visa/Permit can sometimes be a frustrating process. Each of the stages in the process from application right till receipt of the decision, there are back and forth hurdles such that if one is not well prepared, it hinders the prospects of being granted the desired Visa/Permit.

Sometimes the frustrations emanate from a service point of view (service received from the Department of Home Affairs officials who battle backlogs for most of their days). At times, it is about applicants securing alternative documents other than those specifically asked for, even though they may well fulfil the same function and purpose to everyone’s thinking, but not for the DHA officials. Things like these happen a lot during the Visa/Permit application process and this is why it is very important to engage our services as we have seasoned advisors and assistants to guide you through the processes so that it can be a lot less of a hassle.

In this brief article we will outline the stages that a Visa/Permit application goes through, and how Immigration Law Associates gets involved to assist you.

First consultation with Immigration Law Associates where we listen to what you require. We then advise you on the options you have, requirements needed for each option and answer any questions you might have.

We guide you on gathering ALL the required documentation for your chosen option.

VFS Global Process (we assist in this process);

Completion of the Online Application Form on VFS Global website.
Payment of the applicable fee, to schedule an appointment at VFS.
Download the completed application form and checklist.
Appointment scheduled.

On appointment date, applicant must go to VFS Global. Be sure to arrive early and collect a token then wait until the token is called. Applicant must bring appointment letter, passport/travel document and all the required supporting documents depending on the Visa/Permit type. Upon being called the VFS Global attendant will check if the application is in order and if payment is received. If so, they will issue a receipt.

Biometric information will then be collected i.e fingerprints (finger scan), digital photograph etc.

VFS process done, applicant may leave and await decision of the application.

Application is sent to Department of Home Affairs by VFS Global.

Immigration Law Associates intervenes and liaises with the Department of Home Affairs to facilitate the speedy determination of the application and deal with any other incidental matters pertaining to the application.

Department of Home Affairs will then make a decision on the application and convey it for collection.

Applicant then collects the decision.

If application is denied, Immigration Law Associates will then advise on possible options including assisting the applicant to launch appeal procedures if needs be under the circumstances.

The procedures mentioned above are strict and conducted in an inflexible manner. It therefore requires adequate preparation so as not to inconvenience oneself. As Immigration Law Associates all our staff are dedicated to assisting our clients through the process so that it can be peaceful and rewarding. We stand ready to assist in a wide array of legal immigration matters so that you can explore and pursue your opportunities across borders legally. Our approach is professional, comprehensive and counters the hurdles in immigration. Contact us for an appointment and consultation.

August 5 2021

IMMIGRATION LAW ASSOCIATES ANSWERS YOUR QUESTIONS

Immigration Desk: News

Whilst assisting clients, Immigration Law Associates receives a lot of questions pertaining to immigration, citizenship and immigrant rights issues. As time went on we realised that some of these queries come up frequently from different clients time and again.

We then saw it noble to put up and answer some of the prominent questions each month so that our readers and clients may benefit at once. In that vein we invite immigration related questions you have always wanted to ask us, so that we can answer for all to take note of. We request however that questions be as brief and straight forward as possible, limited to one question per person and restricted to immigration matters. Please send questions to info@immigration-law.co.za We love hearing from you.

Does Immigration Law Associates secure documents for my Visa Application on my behalf?

Bulambo – Zambia

Immigration Law Associates guides clients as to which documents are required to apply for any type of Visa or Permit. Due to the confidential nature and ‘public document’ status of most of these documents, the institutions that issue them do not permit third parties such as us. Therefore Immigration Law Associates entrusts the responsibility to secure the documents to the clients themselves. We place our reliance on the word of our clients that the documents they bring are authentic and in order.

What is the Status of Children born of Foreign Parents in South Africa?

Wezi – Malawi

South Africa had passed its Citizenship Act 88 of 1995, but that there was no provision to cater for children born in South Africa to parents who are both of foreign citizenship. This created a huge vacuum in that as a country where many foreign nationals prefer to settle permanently, hundreds of thousands of children were put at disadvantage.

The Act was then amended and as per section 4 (3), a child who is born of foreign parents without permanent residence status or citizenship, will qualify for citizenship upon;

Becoming a major (18 years old); and
The child has lived in the republic from date of birth until attaining majority age; and
The birth was registered according to the Births and Deaths Registration Act of 1992.

I was banned from entry due to overstay 3 days ago. What do I do as I feel it was unjustified?

Brian – Zimbabwe

The Immigration Act and regulations provide for a procedure to be followed when a person has been banned for overstay. Within 10 days from the day of banning and refusal of entry, Immigration Law Associates assists you to compile and lodge representations with the Department of Home Affairs, motivating reasons (with proof if available and applicable) why the decision must be reversed. The DHA usually takes time to consider these and make a determination, but as Immigration Law Associates we have capacity to facilitate the speedy resolution of the representations, bearing in mind that the longer the DHA takes to determine the representations the longer our client will be at disadvantage. In the event that the DHA confirms the ban, we will assist with further appeal procedures available. Contact us as soon as possible for immediate assistance.

July 25 2021

CONCOURT UPHOLDS DIGNITY OF FOREIGN SPOUSES OF SA CITIZENS OR PRP HOLDERS – The Nandutu Case

Immigration Desk: News

The Constitutional Court was approached to decide on the constitutionality of Regulation 9 (9) (a) of the Immigration Regulations, to the extent that it limits the right to dignity of foreign spouses of South African citizens or Permanent Resident Permit (PRP) holders.

Brief Facts of the Case

Ms Nandutu who is a Ugandan national, entered South Africa on a Temporary Visitor’s Visa. At the time when she entered the Republic of South Africa she was pregnant with and in a relationship with Mr Tomlison, who holds permanent residence in South Africa.

Ms Nandutu then gave birth and married Mr Tomlison in South Africa, some months after her entry. In South Africa the couple was staying together. However, in order to validate her stay further, she applied for a Spousal Visa on the basis of her marriage to Mr Tomlison. The application was rejected, with the Department of Home Affairs (DHA) citing that section 10 (6) of the Immigration Act compelled Temporary Residence Visa holders to apply for change of status outside the Republic and not in South Africa. Further, the exceptions to this rule in Regulation 9 (9) (a) did not cover her situation, and therefore she was required to change her status out of South Africa.

The High Court Application

Aggrieved by the decision of the DHA, she approached the High Court for an Order to declare the regulation inconsistent with the Constitution. Her application failed, as the Court held that the regulation could reasonably be read together with the constitutional right to dignity.

The Constitutional Court Appeal

Unsatisfied with the High Court decision, Ms Nandutu applied for direct access to the Constitutional Court. The Constitutional Court was asked to decide on the following;

Direct access to the Constitutional Court (without going to Supreme Court first)
Constitutionality of regulation 9 (9) (a)

Decision of the Constitutional Court

Direct access was granted by the majority of the Court.
Regulation 9 (9) (a) was found to be inconsistent with the Constitution of the Republic of South Africa, in so far as it does not recognise the ground of being a spouse of an SA citizen or PRP holder as an exceptional case to apply for change of status whilst in the Republic. The Court found that this was a violation of the right to dignity in so far as it limits the right of foreign spouses to enjoy familial benefits during the time they are compelled to be outside the Republic to apply for change of status. The Court relied heavily on the decision in the consolidated case of Dawood v Minister of Home Affairs (2000) ZACC 8; Shalabi v Minister of Home Affairs 2000 (3) SA 936 (CC) ; Thomas v Minister of Home Affairs 2000 (8) BCLR 837 (CC).

In the above consolidated cases, the Court upheld that it was unconstitutional to compel spouses to leave family in South Africa in order to acquire immigration permits outside the Republic, especially where the acquisition is based on administrative discretion by the Department officials and which discretion is not provided for on how it should be exercised.

At Immigration Law Associates we welcome the decision in this case. Family arrangements are so essential to human existence and social standing, especially where there are spousal relations. Our view is that the requirement to have a spouse leave family to change their status outside the Republic, tilts on the opposite side of reasonability. The argument by the DHA in this case to say that the regulation 9 (9) (a) was promulgated for a legitimate government policy purpose does little to justify its stance, as government policy and purpose are subservient to the Constitution which is a manifest of recognising the dignity, freedom and equality of all persons who reside in the Republic.

Still it remains that other Temporary Visas may not be renewed or extended in the Republic, it is therefore important to consult with us beforehand so that we can comprehensively guide and assist you. Immigration Law Associates assists in the preparation of Visa/Permit requirements, application submissions, and facilitation of speedy resolution of the application at the Department of Home Affairs as well as Appeals for unsuccessful applications.

July 15 2021

ON THE EDGE – ZIMBABWE EXEMPTION PERMITS

Immigration Desk: News

There is uncertainty as to the future of the Zimbabwe Exemption Permits (ZEP), formerly the Zimbabwe Special Permits (ZSP) as they come to expiration in December 2021. Most of the beneficiaries under the programme may well be in panic mode, and are eager to know what the future holds for them beyond December 2021.

The system under which these permits were issued started back in 2009 and has been renewed on a cycle of 4 years, with the latest having been effective since 1 January 2018.

There is no official decision of the SA government as yet, on whether there will be a new cycle beyond December 2021. Speculation is rife in some sections that there is appetite in the authorities to not declare a new cycle of the ZEPs.

The last word from the RSA government was that it is still consulting all relevant stakeholders to come up with an official position. Noting this, what could inform the considerations of the SA government pertaining to this matter?

First and foremost, the COVID-19 pandemic has caused immense damage to economies all over the world, with the RSA Minister of Finance on 28 July 2021 indicating in a statement that the economy may soundly return to pre-Covid levels around 2023. The vaccination drive and the adjusted level regime of restrictions are all aimed at reducing the effects of the pandemic, to set the economy on a path to recovery. Amongst the chief effects of the pandemic, was loss of employment for many people and closure of businesses. It then becomes critical for the SA government to prioritise job creation to alleviate the situation. The Critical Skills Draft List released by the Department of Home Affairs in February 2021, may send an indication of the government’s position in this matter. The list trimmed down some trades and professions regarded before as critical skills where foreign nationals were granted permits to seek employment in South Africa. What this means is that the government is trying to reduce the number of foreign nationals on this permit regime and promote the hiring of South African citizens instead. On the ground, locals have raised sentiments in public discourse and social media that what is important at the moment is for the South African government to promote the employment of South Africans over foreign nationals. Both these developments are very telling.

Secondly and related to the COVID-19 pandemic issue, social distancing protocols require that people not gather in one place at the same time. Zimbabwe Exemption Permits have mainly been applied for physically at designated centres. In order to apply in time and not risk being declared illegal and/or undesirable, most people will likely rush to apply early in the event that the SA government announces that applications are open. This will go against efforts to curb the pandemic, especially as South Africa is anticipating a fourth wave of new Covid-19 infections by December 2021.

Thirdly, South Africa is in preparations for Local Government Elections in few months, necessitating government departments to align their cooperation and efforts to sustain a credible election. It is a matter of utmost government importance and priority, together with containing the pandemic, at the moment. Critical as it may be, the issue of ZEPs may suffer subservient status nonetheless.

In conclusion, it remains to be seen what the South African government will come up with after its engagements with stakeholders regarding the issue of Zimbabwe Exemption Permits. It will take a bit of patience on the part of would-be beneficiaries, although it is uncertain what the SA government will decide.

It is likely time for Zimbabweans who may be affected by a negative decision to consider and prepare moving to mainstream Visas/Permits whilst there is still time. At the core of our specialist services is assisting foreign nationals from all walks of life to apply, facilitate speedy resolution at the DHA, and appeal rejected applications of Visas and Permits in different categories. We advise therefore, to forestall disappointments and panic in the event that the ZEPs are not considered for a new cycle, people may approach us so that we can start the process of migrating to other mainstream Visas and Permits that go beyond the December 2021 deadline.