It may already be too late for thousands of Zimbabweans who face losing access to key services in three weeks’ time, despite the government saying they have a 12-month period from December 31 to replace special visas, which have enabled them to live, work and study in SA legally.
That is because of the wording of a directive from the home affairs department, which may lead to the 200,000 holders of the visas being blocked from accessing bank accounts and other services unless they can show they have already applied for “mainstream” alternatives.
In November, the government announced it had decided to no longer issue extensions to the Zimbabwean special dispensation visas, which were introduced in 2009 to allow Zimbabweans working illegally in SA to regularise their status. The visas were first granted for five years and were extended twice.
A cabinet directive suggested that the holders of the special permits, which would expire at the end of December, would be given 12 months to apply for other permits, meaning they would have until December 2022 to sort out their paperwork. But in terms of a home affairs directive dated December 7, all companies, employers, learning institutions and banks should terminate agreements and services with permit holders if they do not have proof that they have applied for other permits or visas via VFS, the front-end visa handling operator.
This means holders of the permits could have their employment contracts, bank accounts or student registrations suspended on December 31.
Visa applications, which cost about R3,000, are by appointment and VFS could be overwhelmed by demand, which will make it impossible for many to lodge applications by the deadline.
The home affairs directive has prompted an association representing the holders of the Zimbabwean special visas to approach the courts in a bid to set it aside. The court application lists the home affairs minister as the first respondent and includes the department’s director-general and President Cyril Ramaphosa.
“This directive is impossible to comply with; it is strikingly unreasonable and draconian,” said Simba Chitando, an advocate on behalf of the permit holders. “It has no place in a constitutional democracy, and is an unfriendly way for the SA government to treat a neighbour and an ally.”
The directive in effect means holders of the permit have about three weeks to lodge applications for other permits if they are to avoid suspension of crucial services such as banking.
The Banking Association SA, the industry body representing all registered banks in the country, referred questions to individual banks, saying the matter is an “operational issue”.
FNB, the one bank that could be reached for comment, said it is aware of the recent pronouncements regarding the permits and it “will continue to monitor developments on the matter and communicate directly with customers on any issues that may impact their bank accounts”. It said it could not provide further details.
Nicole Fritz, a public interest lawyer and CEO of Freedom Under Law, an organisation that aims to promote democracy and respect for the rule of law, said the home affairs directive was drafted in such a way as to be vague and unclear.
‘Intolerable hardship’
“The directive as issued at organisations which render services to [Zimbabwe special permit] holders is drafted in such a way as to suggest service providers might cease services to holders as from December 31 2021 [when permits expire] unless permit holders can show receipt of application for another permit,” Fritz said.
“That would mean in order to avoid the risk of cessation of services, all [permit] holders would have to have applied and received receipts of application by December 31.
“That is an impossibility, given the short time available, and would work intolerable hardship on [permit] holders and their families — potentially meaning that [they] would not be able to access bank accounts to pay school fees and mortgages in the new year,” she said.
In response to questions from Business Day, the department of home affairs insisted that its directive is reasonable.
“The directive indicates that they must apply for mainstream visas as soon as possible. The receipt can be used as proof of application at all organisations,” the department said.
It had not been served papers, therefore “we are not in a position to entertain a court application without proper service. Should we be served with the said court application, we will be opposing it.”
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