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DoH: Malusi Gigaba: Address by Minister of Home Affairs, at the media briefing on the closing of the Zimbabwe Permit Programme and the opening of the Lesotho Special Permit, Cape Town (25/11/2015)

Malusi Gigaba
Photo by Duane Daws
Malusi Gigaba

25th November 2015

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We thought we should share where we are with regard to the Zimbabwe Special Permit (ZSP) programme and bring you up to speed on the recently announced Lesotho Special Permit (LSP). The current status of the ZSP is impressive.

Zimbabwe Special Permit

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With the exception of a small section of problem cases still to be resolved, the Zimbabwe Special Permit (ZSP) programme is at its final stages of conclusion.

The total number of applications made online reached 208, 967. The number of applicants who submitted their applications and biometrics was 197, 950. A total of 197, 790 ZSP permits were approved. 160 applications are still under review as a result of technical issues relating to the finalisation of applications, including submission of incomplete applications, capturing biometrics and ensuring the required police clearances have been received.

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Only 25 applications were rejected because applicants had no previous DZP permits or had negative police clearance.

Of the 48 Officials the department had assigned to the ZSP project at its peak, there are currently only 6 attending to the remaining close-out issues. VFS has officially closed down all of its ZSP centres, and the remaining permits will have to be collected at VFS regional offices.

When we reported to the nation back in August 2015 we said ZSPs that still needed to be collected from VFS centres were in the region of 26,986. The number has come down to 11,499. VFS has put a tool in place methodically to track and manage all the remaining cases, ensuring they’re finalised. It will continue issuing the permits until 31 January 2016, after which date all uncollected permits will be returned to the department. We urge people to collect their permits.

Zimbabwe special permits are valid until 31 December 2017, after which date all Zimbabweans who intend to stay will apply for normal visas in terms of the Immigration Act. This was a mammoth task from which lessons were learnt and our systems were tested.

Lesotho Special Permit

In October 2015, Cabinet approved the implementation of the Lesotho Special Permit (LSP). The intention of the Lesotho Dispensation is to regularise the stay of Lesotho nationals currently residing illegally in South Africa, some with fraudulently obtained SA documents, and others abusing the visa waiver between our two countries, Lesotho and South Africa. It will assist greatly in ensuring that all persons in South Africa are here on a lawful basis, with correct documentation, while supporting efforts better to manage labour flows from SADC states.

The special dispensation is for Lesotho nationals who are working, studying or running businesses in SA without appropriate documentation, and have been in the country in such capacity before 30 September 2015.

In the long run, this massive project will advance the goals of the National Development Plan, precisely because Lesotho nationals with special permits will work lawfully, pay taxes, and contribute to the country’s economic development and growth as well as that of their country – the Kingdom of Lesotho. We trust that the project will promote greater cooperation on managing migration challenges between the two countries.

The Basotho in the country will enjoy protection from unlawful labour practices, fraud and corruption. This we owe to the people of the SADC region and our neighbour, Lesotho, which historically enjoys close kinship ties with South Africa and its people. It makes no business sense also to sustain funding for deportations that can clearly be avoided, with Lesotho being among the four highest countries whose nationals South Africa deports.

Furthermore, the special dispensations for Zimbabwean and Lesotho nationals residing in SA illegally were in part intended consciously to ease the pressure exerted on the country’s Refugee Reception Offices, dealing with a mixed flow of migrants, including of an economic nature. This approach is therefore helping in separating economic migrants from asylum seekers and refugees. The benefits should include enhanced refugee management and refugee protection.

Already we have undertaken key actions for operational readiness. The LSP project is led essentially by the same permitting team that delivered the ZSP Programme. Importantly, this dispensation is undertaken as a joint programme entailing cooperation of the South African and Lesotho governments.

Inter-Ministerial engagements took place between September 2015 and November 2015. Senior officials of the SA and Basotho departments have convened a task-team to oversee the process. The Planning and Design phase has commenced, in November 2015, and will end on 31 January 2016. The 1st of February 2016 is the targeted date for the official commencement of the LSP Programme, when we will start receiving applications.

Formal announcements on the volumes and process to follow will be made once all consultations with the Lesotho Authorities and relevant stakeholders have been completed. The special permit will be valid for 4 years, from 1 May 2016 - 30 April 2020.

To facilitate smooth implementation of the special dispensation, we will grant a moratorium on deportations until 31 December 2016 to Lesotho nationals. The moratorium will exclude persons with negative police clearance and those who have been released from prison after serving their sentences. An amnesty will be granted to Lesotho nationals who voluntarily surrender fraudulent permits or SA passports and IDs. I wish to take this opportunity to ask the Basotho to come forward and surrender these documents, to avoid imprisonment, and improve their stay in SA.

  •     To qualify for the special permit, the applicant must,
  •     Have a valid passport or travel document
  •     Be registered on the Lesotho National Population Register system
  •      Have police clearance from Lesotho and South Africa

    Provide proof of:

  •         Employment (Affidavit from the employer) – to be issued with a Work Permit
  •         Business registration with SARS and CIPRO – to get a Business Permit
  •         Registration from an educational institution – for a Study Permit

In addition, an applicant must not have a criminal record and must be prepared to surrender any illegal SA permit or document.

The Lesotho Dispensation is handled in accordance with Section 31(2)(b) of the Immigration Act, 2002 (Act No 13 of 2002) in terms of which the Minister may “grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which justify such a decision.” Also to be noted is that the special dispensation does not grant the holder the right to apply for permanent residence.

Women, children and persons with disability who are eligible will be assisted to apply. Today being the beginning of the 16 Days of Activism for No Violence Against Women and Children, until 10 December 2015, I invite you to be active participants in this campaign for human rights for all.

How we treat our people from Zimbabwe, Lesotho and elsewhere in the region and Continent, especially the most vulnerable among us – the women and children – says much about us as a nation that cherishes democracy, equality and justice for all of humankind.

Regularising the stay of Zimbabwean and Basotho women who offer various services in diverse sectors of the economy, does much to advance their protection and enjoyment of inalienable rights, including the right to life and dignity. It is our goal as a democratic state through laws like the Women Empowerment and Gender Equality Bill, the Prevention and Combating of Trafficking in Persons Act as well as our immigration laws, to fight uncompromisingly the trafficking of young girls and women. Together we can end the cycle of abuse in all its forms.

I thank you!

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