SA’s Home Affairs clarifies permanent residency status for ZEP and Lesotho permit holders

The Department of Home Affairs (DHA) in South Africa has clarified that Zimbabwean and Lesotho exemption permit holders are not eligible to apply for permanent residency, despite recent reports suggesting otherwise.

PERMANENT RESIDENCY APPLICATION COULD BE AN OPTION

According to The Citizen, the department said consultations on the future of the permits are still underway and no final decision has been made regarding their termination or replacement. Confusion followed remarks made earlier this week by Deputy Home Affairs Minister Njabulo Nzuza, who indicated in media interviews that Zimbabwean Exemption Permit (ZEP) holders should consider other legal pathways if they wished to remain in South Africa. His comments were interpreted as suggesting that permanent residency applications could be an option.

The department corrected this on Wednesday, 15 April 2026, stating that there has been no change to the status of the ZEP or its Lesotho equivalent. Home Affairs reiterated that, in line with the conditions of the permits, holders do not qualify for permanent residence. The current permits remain valid until 29 May 2027, following an extension announced in June 2025. The department said the extension followed a 2023 court ruling that found the planned discontinuation of the permits unconstitutional, requiring government to revise its approach and ensure compliance with administrative justice laws.

PERMITS WERE LATER EXTENDED MULTIPLE TIMES

The exemption system dates back to 2009, when Zimbabwean nationals were first granted special permits under the Dispensation for Zimbabwe Permit, initially valid for five years. The permits were later extended multiple times, including a three-year renewal, before government moved to terminate the programme in 2021.

A legal challenge by the Helen Suzman Foundation forced the department to review its decision, resulting in the current extension and an ongoing public participation process. Home Affairs said it is working on a revised white paper on citizenship, immigration and refugees, with consultations aimed at ensuring a fair, transparent and legally sound outcome. The department added that a detailed report with recommendations would be submitted to Cabinet by the end of the 2026/27 financial year. –MSN