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Immigration Act, 2002 (Act No. 13 of 2002)

Exemptions

Ministers Immigration Directive No 4 of 2023 - Implementation of the decision in respect of Granting Exemptions to Zimbabwean Nationals in terms of Section 31(2)(b) of the Act

Notice No. 4142 of 2023

 

Notice No. 4142

4 December 2023

GG 49814

 

Department of Home Affairs: Head Office

 

Border Management Authority

Provincial Offices

Regional and District Offices

Immigration Officers: Port Control

Immigration Officers: Inspectorate

Permitting Sections

Civic Services

 

I, Dr PA Motsoaledi, MP, Minister of Home Affairs having, with the powers bestowed upon me in terms of section 31(2)(b) of the Immigration Act, decided to extend the validity of exemption permits issued to Zimbabwe nationals for a period of 12 months in order to allow the holders thereof to apply for exemption permits provided for in the Immigration Act and to give effect to my decision granting exemptions, hereby direct that this decision should be implemented as follows, during the 12 months' period, starting from 29 November 2023 and ending 29 November 2024:

 

1. No holder of a valid exemption permit may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of the section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate (i.e permit label / sticker) in his or her passport. The holder of a valid exemption permit may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act.

 

2. The holder of a valid exemption permit may be allowed to enter into or depart from the Republic of South Africa in terms of section 9 of the Act, read together with the Immigration Regulations, 2014, provided that he or she complies with all other requirements for entry into and departure from the Republic, save for the reason of having an expired exemption permit indicated in his or her passport; and

 

3. No holder of exemption should be required to produce—
(a) a valid exemption certificate/permit;
(b) an authorisation letter to remain in the Republic contemplated in section 32(2) of the Immigration Act 13 of 2002 when making an application for exemption permit.

 

4. Hereby further direct that approximately 78 126 of the Zimbabwean nationals who applied for waivers and 10 427 of the Zimbabwean nationals who applied for other visas provided for in the Immigration Act 13 of 2002, following the decision taken in September 2021 are exempted from applying for new exemption permits pending the outcome of his or her application for a status.

 

Any enquiry related to the contents of this Directive, should be directed to the Acting Deputy Director-General: Immigration Services, Mr Modiri Matthews at [email protected] or at 082 881 5308

 

THUS DONE AND SIGNED AT PRETORIA ON THIS THE 29th DAY NOVEMBER 2023.

 

 

Dr P A Motsoaledi, MP

Minister of Home Affairs

Date: 29th November 2023