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Daily Maverick
6 days ago
- Politics
- Daily Maverick
The Weekend Wrap The gangsterisation of SA's politics, and a new era for higher education — all in the week's wrap.
Kenny Kunene and the growing gangsterisation of our politics The discovery of Johannesburg councillor and deputy Patriotic Alliance leader Kenny Kunene in the company of the person wanted for paying for DJ Sumbody demonstrates the growing criminalisation, or some might call 'gangsterisation', of our politics. By Stephen Grootes Many of my staff can't work because they are starving, says Gaza City hospital director The director of Gaza's largest hospital says that many of his colleagues had been admitted to hospital in the past 48 hours because of severe malnutrition, as starvation grips the region. By Victoria O'Regan Joining the dots — SAPS infighting casts a long shadow The lid seems to have been blown open on an intricate web of criminality in both the SAPS and among those with links to law enforcement. By Yeshiel Panchia When the trucks stop: How a broken fleet is fuelling Emfuleni's waste problem Garbage is piling up next to schools, homes, and clinics in Emfuleni because some of the municipality's waste collection trucks and equipment are broken and idle. This photo essay captures the mounting crisis, and the communities left to live in its aftermath. By Felix Dlangmandla The Promise — how a hardened Cape Flats gangster beat the recidivism trap South Africa has one of the world's highest recidivism rates, but some offenders manage to break free of the spiral of release and rearrest. By Vincent Cruywagen New era for higher education as Buti Manamela takes charge Buti Manamela takes over as the new minister of higher education and training after serving for years in government departments. Manamela is set to drive the Post-School Education and Training sector after allegations against Nobuhle Nkabane of corrupt appointments to Seta boards. By Siyabonga Goni 'Choose your own adventure' – Cape Town Silent Book Club brings novel twist to age-old pastime The Cape Town Silent Book Club is part of a movement that's re-writing the rules of reading groups. Since its inception in mid-2024, it has held gatherings for large groups of readers in public spaces across the city, including beaches, parks and the Southern Line train. By Tamsin Metelerkamp ZEP rejections expose legal uncertainty in SA's general work visa regime For Zimbabwean Exemption Permit holders who have lived in uncertainty for years, this is just the latest wrinkle in their plight. By Luke Oosthuizen The optics of Jannik Sinner reappointing the fitness trainer he fired after doping scandal are not good World No 1 Jannik Sinner has rehired a coach he fired after a doping offence. By Craig Ray Garden of hope: Pensioners transform dumping site into thriving community hub In Khayamnandi, Despatch, a group of women has transformed a former illegal dumping site into a thriving community garden and daycare centre. Without electricity or running water, they grow vegetables to feed children. By Nkosazana Ngwadla Watch – Artificial Intelligence: Progress or peril? From soaring water and energy demands to cognitive overload, job disruption, and the erosion of shared truth, the hidden tolls of artificial intelligence are mounting. By Rebecca Davis Daily Mini Crossword Quickie Play here. Dine like Madiba: Culture and cuisine in the shoes of two great men Two great men? The other man is my dad, my hero, but of course the shoes we are talking about in this story were worn by one great man: Nelson Mandela, with whom my dad happens to share a birthday. Last Sunday, we dined like Madiba on a very special day in our lives. By Naomi Campbell Subscribe to First Thing to receive the Weekend Wrap in your inbox every Sunday morning. If you value the work our journalists do and want to support Daily Maverick, consider becoming a Maverick Insider. Support DM
Daily Maverick
23-07-2025
- Politics
- Daily Maverick
Zimbabwean Exemption Permit visa rejections expose legal uncertainty in SA's general work visa regime
For Zimbabwean Exemption Permit holders who have lived in uncertainty for years, this is just the latest wrinkle in their plight. As the government continues to grapple with the future of the Zimbabwean Exemption Permit (ZEP), many ZEP holders have been encouraged to apply for mainstream visas such as the general work visa. Earlier this year, the Helen Suzman Foundation (HSF) received a report of a ZEP holder who applied for such a visa with the support of her employer. She had secured a ministerial waiver, issued through Immigration Circular 7 of 2024, exempting her from one of the technical requirements usually required to obtain a general work visa. Yet, to her surprise, the Department of Home Affairs (DHA) rejected her application, citing noncompliance with the very requirement that the minister himself had waived. When she wrote to the HSF, her story did not seem unusual – another case of departmental confusion about the status and policies of the ZEP. However, upon further investigation, a deeper concern revealed itself. She was rejected in terms of Immigration Regulation 18(3)(b), which requires applicants to submit proof of their qualifications as accredited by the South African Qualifications Authority (SAQA). But what if Immigration Regulation 18(3)(b) no longer exists? Regulations, like other forms of legislation, may from time to time be amended or repealed by the government. When governments intend to amend or repeal regulations, this is done via the publishing of Government Gazettes. The Immigration Regulations that control processes such as the general work visa application were originally issued in 2014. Under those regulations, applicants for a general work visa had to comply with five requirements, listed in Regulation 18(3)(a)-(e). Those requirements were: (a) a certificate from the Department of Labour confirming that the applicant's employer had been unable to find a suitable South African or permanent resident for the position, that the applicant was qualified for the position, that the salary was not below market standards, and that the contract met local labour norms and was conditional on visa approval; (b) proof of their qualifications as accredited by SAQA; (c) the full particulars of the employer; (d) an undertaking by the employer to inform the director-general of the DHA if the applicant breached their visa conditions; and (e) an undertaking by the employer to inform the director-general of the DHA if the applicant ceased to be employed or changed roles. In 2018, the Immigration Regulations were amended for the first time. Importantly, Regulation 18 was amended. The language of the amendment was: 'Regulation 18 of the Regulations is hereby amended by the substitution for subregulation (3) of the following subregulation.' The amendment then listed only a new 18(3)(a), with no sign of the previous requirements found in (b)-(e). On a literal reading, it would appear those requirements had been repealed, no longer existing in law. That, of course, would create an incredibly relaxed visa application process, something that seems unlikely to have been the intention of the DHA. But how would ZEP holders, or any other applicant, know this? The government does not frequently publish consolidated legislation and regulations which incorporate new amendments. Instead, it often publishes Government Gazettes containing such amendments and leaves it to the public to incorporate changes themselves. As such, the language of these Government Gazettes carries the authority of the law – they tell us in plain language what the law is. So why then is it the DHA's position that 18(3)(b)-(e) still exists in law? No further amendment to the Immigration Regulations has written these requirements in, yet the director-general of the DHA assures the HSF that 18(3)(b) 'continues to be operational and enforceable and was never repealed'. A quick search on the DHA's website confirms this position, where a document titled 'New Immigration Regulations' appears to incorporate the 2018 amendments into the 2014 Regulations. It is important to note that several amendments have been made since 2018, though none of those finds a place on this document. The document lists 18(3)(a)-(e), with an important footnote that states that the 'instruction in the Government Gazette is to substitute subsection (3), but the Department has informed us that the intention was to substitute paragraph (a) only'. The use of the third person ('the Department has informed us') suggests that this document was not compiled by the DHA. More importantly, there appears to be an admission by the DHA of the ambiguity here. It is, frankly, absurd that the only indication that these requirements have survived the amendment can be found buried in a document, unlikely to have been compiled by the DHA or any other government source, as a footnote. For seven years, general work visa applications have proceeded on uncertain legal footing. No Government Gazette has cleared the issue, despite several opportunities to do so. The latest amendment to the Immigration Regulations, gazetted in October 2024, even amends later subsections of Regulation 18, but does not mention subsection (3) – if the department knows about the ambiguity, why hasn't it clarified the law through a Government Gazette? For ZEP holders, who have lived in uncertainty for years, this is just the latest wrinkle in their plight. Regardless of the legal footing of 18(3)(b), they have been granted a waiver which clearly prohibits the department from rejecting their general work visa applications for noncompliance with 18(3)(b). The DHA has assured the HSF that such rejections should not be taking place, and that aggrieved ZEP holders may simply exhaust the internal appeals process to rectify such decisions. In the case of the above ZEP holder, her carefully crafted appeal citing the minister's waiver has not been adjudicated – despite her lodging it more than two months ago. Her example is not an isolated case; the HSF has received several similar reports from ZEP holders facing rejections in terms of Regulation 18(3)(b). She, along with thousands of other ZEP holders, must continue to live under extraordinary pressure, with the ever-looming possibility of deportation hanging around her neck. But this issue is bigger than the ZEP, it implicates every single general work visa decision since 2018. The simple question is: what is the law? If Regulations 18(3)(b)-(e) have not survived, what is to be done about those seven years of decisions? Retroactively invalidating every general work visa decision since 2018 would create an administrative nightmare, at great cost to the state. This ambiguity may even confound our courts – what order would serve justice on aggrieved applicants without crippling state capacity? Ultimately, it cannot be up to individuals to guess at the true intentions of the DHA. In a constitutional democracy, the law must be accessible and comprehensible to all. It should not require deep investigation and guesswork. In this circumstance, the DHA must clarify the law in the appropriate manner through a Government Gazette which clearly reintroduces the requirements into Regulation 18 of the Immigration Regulations. More importantly, this country must reform the manner in which laws are presented to the public so that individuals have easy access to consolidated legislation and regulations. DM
IOL News
09-06-2025
- Politics
- IOL News
‘Shielded from arrest': What Supreme Court of Appeal ruling means for 180,000 Zimbabweans in South Africa
Scores of Zimbabweans during a picket at the Union Buildings in Pretoria. Image: Jonisayi Maromo/IOL The Supreme Court of Appeal has dismissed with costs the Department of Home Affairs' attempt to overturn an interim interdict, previously granted in favour of the Zimbabwe Immigration Federation, protecting nearly 200,000 Zimbabwean Exemption Permit (ZEP) holders against arrest and deportation. After winning Part A of the court wrangle, the federation will be heading back to the court, for Part B, to argue before court that the Department of Home Affairs overreached in 2021, when the then home affairs minister Aaron Motsoaledi announced the termination of the ZEP. The special permit dispensation has allowed 180,000 Zimbabwean nationals to live and work in South Africa since 2009. In the federation's view, the jurisdiction to terminate the ZEP lies with Parliament, not the minister. IOL had an interview with Vindren Magadzire, director of the Zimbabwe Immigration Federation who said his organisation's case revolves around the termination of the ZEP programme by the minister of home affairs. Vindren Magadzire, director of the Zimbabwe Immigration Federation Image: Supplied Get your news on the go, click here to join the IOL News WhatsApp channel. 'The programme allowed approximately 180,000 Zimbabweans to live and work in South Africa. In 2021, the minister of home affairs announced plans to terminate the ZEP permits, sparking legal actions from the Zimbabwe Immigration Federation,' Magadzire told IOL. 'The Zimbabwe Immigration Federation was inspired to go through courts due to the South African minister of home affairs' decision to terminate the permits. The decision would have significant implications for approximately 180,000 Zimbabweans living and working in South Africa under the ZEP permit program.' Magadzire said his organisation is requesting the superior court to declare the termination of the ZEP permits unlawful, setting aside the termination decision, and protecting permit holders rights. In Magadzire's view, a lasting solution would be granting the ZEP holders permanent residence status in South Africa. 'The latest development in the court case is that the Supreme Court of Appeal dismissed the minister of home affairs appeal. This decision upholds a Johannesburg High Court interdict that shields approximately 180,000 ZEP holders from arrest and deportation,' said Magadzire. Last year, IOL reported that the High Court in Pretoria heard arguments from the Helen Suzman Foundation to enforce the court's order that the ZEP remains valid, while the minister of home affairs conducts a fair and rational inquiry into the impact of its termination. The foundation turned to court in a bid to give ZEP holders a lifeline.
TimesLIVE
06-06-2025
- Politics
- TimesLIVE
SCA sends home affairs minister packing in ZEP appeal
The Supreme Court of Appeal has rejected an appeal by the minister of home affairs against the Johannesburg high court order on Zimbabwe Exemption Permits (ZEPs), which give about 180,000 Zimbabweans a special dispensation to lawfully remain in South Africa. The judgment also clears the path for the Zimbabwean Immigration Federation to return to court and argue that it is only parliament, and not the home affairs minister, which can decide whether to extend the ZEP regime. In 2023, the Johannesburg high court set aside a decision by former minister Aaron Motsoaledi to terminate the ZEP regime and to reconsider his decision, following a fair process. The SCA's judgment on Friday said that counsel for the minister told the court that 'the order is being implemented, and ... the minister is following a fair process'. But the federation wants to go back to court to argue that ZEP-holders and their children enjoy constitutional rights in South Africa. If these are to be limited, only parliament may do so — 'by enacting a law of general application,' says the SCA's judgment. The SCA did not give a view on whether that argument was correct, but it rejected an appeal by the minister that would have prevented the federation from ever making it. When the high court gave its order, the federation was one of the parties in the litigation, along with the Helen Suzman Foundation (HSF). Theirs were two separate cases, which were heard together. While the federation and the HSF both wanted similar orders, at that time, from the high court, their grounds were different. And while the HSF asked the court for a final order, the federation only sought an interim interdict — it wanted to argue its main case at a later date. The court gave a final order, as sought by the HSF, and also the interim interdict sought by the federation. The minister had already tried, and failed, to appeal against the HSF order. In this case, the minister approached the SCA on appeal, saying the interim interdict was 'redundant' since the court had already granted a final order to the HSF. In Friday's judgment, the SCA disagreed. Judge of Appeal David Unterhalter said the federation's case 'raised distinctive grounds of review', which laid the basis for an argument that was not raised or argued earlier — about the powers of the minister when there were constitutional rights at stake. If the federation's argument was to be accepted, it 'would not permit the minister to terminate the ZEP regime'. 'That is a remedial outcome of a considerably more far-reaching kind because it reaches into the future and is not based on a reconsideration,' said Unterhalter. The redundancy argument could therefore not hold, he said.
The South African
21-05-2025
- Politics
- The South African
5 challenges facing Zimbabwean immigrants in South Africa NOW
Most Zimbabwean immigrants in South Africa continue to face a range of challenges, from immigration uncertainty to poor access to basic services, amid ongoing arrests of undocumented foreign nationals. Therefore, many immigrants remain vulnerable to exploitation and police raids. Here is a look at five challenges that Zimbabweans in South Africa face: The ZEP has expired, extensions keep coming, but there's no clear path forward. Thousands fear getting arrested or deported during random raids. This has become a challenge to Zimbabwean immigrants who are trying to live and work in peace. Not all Zimbabwean immigrants to South Africa are ZEP holders. Some Zimbabweans who live in South Africa do have valid passports without work permits, and others do not have passports at all. With no papers to protect them, many Zimbabwean immigrants take whatever work they can find, often in homes, construction sites, or kitchens. Some reports suggest that most Zimbabweans are underpaid, overworked, and silenced by the constant threat of deportation if they speak up. For Zimbabwean migrants, a visit to a clinic can end in humiliation. 'No papers, no service,' that's the message too many receive. The South African recently reported a case of a Zimbabwean teenager who was denied a kidney transplant in Johannesburg because her parents' work permit had expired. Falling ill or trying to enrol a child in school shouldn't be a gamble, but for Zimbabwean immigrants, it is. Many are turned away from hospitals, and school admissions often require documents they can't provide. Social media has become a powerful amplifier of anti-immigrant sentiment in South Africa. Despite having many foreign nationals based in South Africa, Zimbabwean immigrants, in particular, are regularly blamed for economic and social problems. Groups such as Operation Dudula have used platforms like Facebook and Twitter to mobilise anger, often inciting real-world hostility. Blamed for everything from crime to job shortages, Zimbabwean immigrants are constantly dragged on South African social media. Zimbabweans have become easy scapegoats in online spaces, with hashtags and posts reinforcing a narrative of exclusion. Many Zimbabweans living in South Africa rely on informal trading. Selling fruit or clothes is the only way to make ends meet, but crackdowns keep hitting them hardest. It's survival, but not without stress. If you are selling on the street, you must be ready for raids, fines, or your stuff getting taken. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
