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Zimbabweans face SA mass deportation as only 6,000 apply for new permits

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PRETORIA – Only 6,000 of the 178,000 Zimbabwean Exemption Permit (ZEP) holders have made representations to South Africa’s Home Affairs minister Aaron Motsoaledi spelling out their personal circumstances and why they should be allowed to remain in that country, according to director-general of the Department of Home Affairs Livhuwani Tommy Makhode.

He was responding in an affidavit to a bid by the Helen Suzman Foundation (HSF) to set aside government’s blanket decision not to renew ZEPs.

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HSF says the decision was “hasty, untransparent and ill-considered”.

But Makhode said the Home Affairs minister had given ZEP holders 12 months to “regularise their status”.

Various forms of the Zimbabwean permit have been in operation for 13 years.

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It was first introduced to legalise the status of the many Zimbabwean nationals already living in South Africa.

HSF executive director Nicole Fritz said in her affidavit before the Pretoria High Court that the decision will force a desperate choice on ZEP holders: to remain in South Africa as undocumented migrants with all the vulnerability that attaches to such status, or to return to a Zimbabwe that, for all intents and purposes, is unchanged from the country they fled.

The HSF wants a judge to rule that the decision is unlawful, unconstitutional and invalid, and that it be reviewed and remitted back to the minister for reconsideration “using a fair process” involving meaningful engagement with those affected and civil society.

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But Makhode says the 12-month extension was granted precisely for the purpose of allowing permit holders to make representations, and they had been given a “meaningful opportunity” to regularise their status.

They could make representations as to why the decision should not apply to them, they could apply for asylum, or they could apply for various other visas under the Immigration Act, he said.

Makhode said it had always been made clear that the ZEP was “temporary”.

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“It was intended, initially, to give a large number of undocumented Zimbabweans, about 1.5 million in 2009, the opportunity to regularise their stay in South Africa.

“The uptake figures were small and, over the years, the numbers have steadily declined,” he said.

“The relief the HSF seeks will effectively confer rights of permanent residence on ZEP holders, in the face of express conditions on which the permits were issued.

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“It seems to contend that because the permits were renewed from time to time, this confers on them a substantive legitimate expectation that they should be renewed in perpetuity, that they be entitled to remain in the country until the economic situation in Zimbabwe improves to the extent that the HSF and the court find acceptable.

“The relief sought would render the court as the sole arbiter of the nature and extent of economic recovery in Zimbabwe which would allow them to return.

“Any such order would amount to a far-reaching breach of separation of powers.”

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Makhode said any such order would also give others, who did not meet the requirements for asylum or other visas, the right to remain in South Africa as “economic migrants”, contrary to the provisions of the Immigration Act.

He said the minister’s decision had been supported by the Zimbabwean government.

“If there was a possibility of mass unemployment, and or impending economic upheaval with the return of 178,000 Zimbabweans, one would have expected this to be raised through diplomatic channels.

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“The permits were introduced because of an influx of Zimbabweans in the face of hyperinflation and a humanitarian crisis.

“By all accounts, the economic situation has significantly recovered — there has been positive growth in the GDP while the economic situation in South Africa has markedly declined … South Africa is facing an unemployment rate of 34%, whilst Zimbabwe’s is about 5.2%.”

Makhode said they could apply to extend their permits on a “case by case basis” – and this decision was both rational and reasonable.

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The HSF will file a responding affidavit, after which the matter will be set down for hearing. – Ground-Up

 

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National

Coal train in flames: NRZ locomotive damaged in fire incident

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BY WANDILE TSHUMA 

A National Railways of Zimbabwe (NRZ) locomotive suffered significant damage after catching fire while transporting export coal to Zambi. The incident occurred between Kalala and Matetsi sidings, resulting in the explosion of the locomotive’s fuel tanks.

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According to the NRZ press statement on Monday, “A National Railways of Zimbabwe locomotive suffered some damages after it caught fire this afternoon while transporting export coal to Zambia.” Fortunately, the crew members on board managed to escape unharmed.

The NRZ responded swiftly to the incident, dispatching a rescue train with crews to the site. The team successfully extinguished the fire, preventing further damage. However, the locomotive itself sustained considerable damage.

The cause of the fire is yet to be determined, with investigations currently underway. “Investigations are already underway to establish the cause of the fire and the amount of damage to the locomotive,” the NRZ statement read.

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Ranger killed by elephant in Kariba

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BY NOKUTHABA DLAMINI 

A 62-year-old ranger, Josphat Mandishara, was tragically killed by an elephant in Kariba yesterday.

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Mandishara, who worked for the Zimbabwe Parks and Wildlife Management Authority (ZimParks), was on patrol in the Gatche-gatche area with fellow rangers and police officers.

At around 10 pm, Mandishara returned to the harbor where their boat was docked, and that’s when he encountered the elephant. The elephant charged at him, causing fatal injuries. His colleagues were nearby, resupplying at the Gatche-gatche Irrigation Scheme.

Mandishara’s body was taken to Kariba District Hospital for a post-mortem, and the incident was reported to the police.

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ZimParks has sent a team to manage the problem elephant and prevent similar incidents in the future.

The Director General of ZimParks, Prof. Edson Gandiwa, and his team have sent condolences to Mandishara’s family, friends, and colleagues. Mandishara will be remembered for his dedication to wildlife conservation in Zimbabwe.

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ZIMRA customs officer appears in court for criminal abuse of office

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BY STAFF REPORTER 

A Zimbabwe Revenue Authority (ZIMRA) customs officer, Phillip Kuvenga, has been accused of criminal abuse of office for allegedly assisting in the importation of banned motor vehicles.

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Kuvenga, 28, who is stationed at Victoria Falls, allegedly received documents from clients, completed valuation sheets, and carried out the valuation process. However, he is accused of endorsing different chassis numbers to deceive his supervisors during the validation and approval process.

After obtaining approval, Kuvenga would capture the correct chassis numbers in the ASYCUDA World System. He would then alter or replace the documents submitted earlier to his supervisors.

The offense came to light when a motor vehicle that had not yet arrived in Zimbabwe was found to have been already registered. A thorough check by ZIMRA led to Kuvenga’s arrest.

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Kuvenga appeared in court on February 1, where he was denied bail by Magistrate Gift Manyka. He is expected to appear in court again today for another bail hearing.

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