By Owen Magocha
16 October 2026 · 4 min read · Policy and law
Most of the families we serve in Pretoria and Harare have someone whose life in South Africa rests on a Zimbabwean Exemption Permit. Every extension brings relief, and every approaching deadline brings anxiety. Here is where the law stands in October 2026, and how I see the months ahead.
How we got here
The ZEP is the third generation of a special dispensation for Zimbabweans: the Dispensation of Zimbabweans Project in 2009, the Zimbabwean Special Permit in 2014, and the ZEP in 2017. From the start, the ZEP carried a condition that holders cannot apply for permanent residence, however long they stay.
In 2021 the Minister decided not to renew it. On 28 June 2023 the Pretoria High Court, in Helen Suzman Foundation and CoRMSA v Minister of Home Affairs, declared that decision unlawful and set it aside because holders had not been properly consulted. The Supreme Court of Appeal and then, on 18 June 2024, the Constitutional Court refused the Minister leave to appeal. That judgment is final. The Minister may still end the ZEP, but only after a fair process.
Since then the permit has been extended several times by gazetted directive. The latest, Directive 21 of 2025, deems all ZEPs valid until 28 May 2027.
What holders can do today
- Stay and work. The permit remains valid on its original conditions until 28 May 2027, which means holders may work, study and run a business.
- Not be arrested or deported for the permit alone. Directive 21 protects holders from arrest, detention or deportation solely because they lack a valid exemption certificate. It does not protect against other grounds such as crime or fraud.
- Travel. Holders may leave and re-enter South Africa if they meet the other entry requirements. A valid passport is still essential.
- Change to a mainstream visa from inside the country. Holders may apply for any temporary visa without producing a valid exemption certificate, visa or authorisation letter.
The extension works by gazette. No new label or stamp is issued, and some banks, transport authorities and even officials have wrongly treated holders as expired. Carry a printed copy of Government Gazette 53484 (Directive 21 of 2025).
The second court case
There is a separate case that many people overlook. In Zimbabwe Immigration Federation and Magadzire, the High Court granted an interim order in 2023 stopping the arrest and deportation of ZEP holders until the Federation’s main review is decided. The Supreme Court of Appeal upheld that order on 6 June 2025. The main review, which argues that the Minister has no power to end the ZEP at all, is still pending. I have not seen a hearing date.
This gives holders a layer of protection that does not depend on the Minister renewing the directive.
The consultation and the timetable
Home Affairs held public consultations on the ZEP and the Lesotho Exemption Permit across the provinces between April and June 2026, with written submissions closing on 22 June 2026. It says a report with recommendations will go to Cabinet by the end of the 2026/27 financial year, that is by 31 March 2027.
That leaves around eight weeks between the report deadline and the 28 May 2027 expiry. Home Affairs is also auditing the number of current holders; it says the often-quoted figure of about 178,000 is the number of permits ever approved, and the current number is lower.
Four scenarios
What follows is my own analysis, not a prediction from Home Affairs.
- Another interim extension. The Minister has extended at or near the deadline several times. With the Cabinet report due so late and the Federation’s review unresolved, a further gazetted extension is, in my view, the most likely short-term outcome.
- Termination with a managed transition. Cabinet may confirm that the ZEP ends, with a grace period and continued concessions into mainstream visas. A decision taken after a documented consultation is harder to set aside, but litigation is still likely.
- A new dispensation. Some communities asked for a permanent solution. Home Affairs’ messaging so far points to mainstream visas, and the April 2026 statement reaffirmed that ZEP holders do not qualify for permanent residence, so a generous replacement looks less likely on current signals.
- The courts decide. If the Federation’s review succeeds, the regime could continue regardless of policy. The timing and outcome are uncertain.
What I advise holders to do now
- 1Find out whether you qualify for a mainstream visa today: a general work visa, critical skills visa, spousal visa, study or business visa.
- 2If you do, apply before May 2027 while you can still apply from inside South Africa without a valid permit. In August 2024 (Immigration Circular 7 of 2024) the Minister waived the labour certificate and SAQA evaluation for employed ZEP holders applying for a general work visa. In October 2024, Directive 10 of 2024 provided that the points system does not apply to ZEP holders applying for critical skills or general work visas. Confirm these concessions still apply at the time you lodge.
- 3Keep your passport valid and your records in order: payslips, contracts, tax numbers, children’s school records.
- 4Do not pay anyone who promises permanent residence directly from a ZEP. Under the current rules that route does not exist.
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About the author
Owen Magocha
Corporate and Wealth Migration Strategist, Mimshac Group
Owen leads Mimshac Group’s immigration practice. He holds an LLB from Nelson Mandela University and completed the Legal Profession Admission Board conversion studies for overseas-qualified lawyers through the University of Sydney. He advises multinational employers, families and private clients on South African immigration.
This article is general information on the law and practice as at 16 October 2026. It is not legal advice for your situation, and immigration rules and Home Affairs practice change often. Speak to us before you act.
Sources and further reading
- Directive 21 of 2025 (ZEP), GN R.6716, Government Gazette 53484 (7 October 2025)
- Helen Suzman Foundation v Minister of Home Affairs [2023] ZAGPPHC 490 (28 June 2023)
- Minister of Home Affairs v Magadzire [2025] ZASCA 81 (6 June 2025)
- Home Affairs clarifies policy position on ZEP holders (15 April 2026)
- Home Affairs: nationwide public consultations on ZEP and LEP (22 May 2026)
- Helen Suzman Foundation: public consultations on ZEP (29 April 2026)
- Fragomen: general work visa requirements waived for ZEP holders (12 August 2024)
- CITE: ZEP holders face banking, UIF and transport hurdles (29 September 2026)
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