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| Zimbabwean special permit holders outside Home Affairs. (Madelene Cronjé) |
A new report by the University of Johannesburg's Centre for Sociological Research and Practice (CSRP) has found that the Department of Home Affairs is pushing people towards undocumented migration by making permits scarcer at a time when people can ill-afford to leave. The report, titled Neither a Beggar Nor a Thief, states that the official policy of the Department of Home Affairs is pushing people towards undocumented migration by making permits scarcer at a time when people can ill-afford to leave. The report cites a ruling of the Pretoria High Court on 28 June that found the cancellation of ZEPs was unlawful, unconstitutional, and irrational, labelling it an "unjustified limitation of rights." The court gave permit holders a 12-month reprieve.
The likelihood of some ZEP holders becoming undocumented is relatively high as other types of visas are difficult to get, and most ZEP holders will not qualify for permits allowing them to work in South Africa because work visas are based on 'critical skills'. ZEP holders are the most taxed people in the country and the world.
The report also highlights the inefficient migration system, with increasing costs and time-bound documentation needed for the applications of alternate permits and visas. The report argues that the need for critical skills is a practical approach that disregards the humanity of each permit holder and the contributions made by Zimbabweans.
The report also highlights the reluctance of the Department of Home Affairs to renew the ZEPs, which is evident in the lack of issuing of permanent residence (PR) status. The report also highlights an environment enabling an active discriminatory approach, as people from other places on other visas who have lived in and contributed to the country for less time than many ZEP holders can apply for permanent residence.
To move forward, government institutions should consider making it easier for migrants to get documented and facilitating the acquisition of documentation, renewing the permit or automatically transferring permits and restoring asylum seekers' status without requiring the resubmission of documents, and allowing permit holders to apply for permanent residence as afforded to anyone else and granting people the opportunity to integrate if they wish to do so.
Suggestions for the broader population include reconsidering the concept of borders, fighting for a world that values people above their economic contributions, and uniting the fight by bringing together ZEP holders with all those affected by the documentation crisis and communities affected by other forms of poor service delivery.
