However, because of a plethora of administrative challenges and the fact that the Zimbabwean government has been unable to ensure that all who wanted to apply to legalise their stay in SA get documentation on time, it is now expected to stretch the ZDP to August 31. The question on everybody’s lip is when deportations are set to commence.
Special dispensation
It should be recalled that in 1994, South Africa introduced a Special dispensation for all SADC countries that ensured those who were in the country at independence get permanent residence.
That spirit of Ubuntu should be commended because it was not only a golden gesture to those countries who had assisted SA obtain its independence from Apartheid, but also a move that ensured SA would obtain the skills necessary to build its economy.
On April 1, 2009, the South African and Zimbabwean governments introduced another Special Dispensation for Zimbabweans. This was after assessing Zimbabwe’s socio-economic and political environment and realizing that it would be inhumane and costly to deport people to Zimbabwe.
(About 200 000 had been forcibly returned in 2008, yet the influx continued.) The new Special Dispensation also meant that there would be a 90 day visa-free entry into SA, thereby ensuring that those who wanted to trade would do so without applying for costly visas.
part of this Special Dispensation, in September 2010, the South African Government introduced the ZDP. The Project ensures that those who were illegally in SA are given amnesty from prosecution for having illegally obtained SA documents.
Up to December 31st 2010, the ZDP also ensured that those who wanted to apply for work, study and business permit could do so.
On the South African Government’s part, the advantage of the project is that it ensures that the necessary skills are roped in to assist its economy and that those that are working or doing business will pay tax. The ZDP is also advantageous to SA from a security perspective as no country would want nameless and faceless people to operate within its realms. It also encourages integration in communities.
Untenable for deportations
When deportations were suspended in April 2009, the two governments had assessed the situation in Zimbabwe and concluded that it was untenable for deportations. Has that situation changed with the Inclusive Government? My answer is no.
Firstly, the political volatility still exists. MDC MP’s and Ministers; activists and human rights defenders are still being subjected to political persecution by the security forces. Torture is still the order of the day and court orders urging the treatment of prisoners who have been abused are often ignored.
Deportations to Zimbabwe at the present moment can only help to sally SA’s international reputation as one of the few bastions of democracy on the continent. This is because deportations need to be carefully managed to ensure that no human rights violations take place.
In 2008, deportations only increased human suffering, corruption and trafficking rather than ensuring order. Deportations were also very costly to the economy, yet Zimbabweans still managed to come back through the porous borders. If deportations are resumed, the likelihood of widespread xenophobic attacks is very high.
I believe that nobody should be deported to Zimbabwe at present. Instead, I think that SA, as the facilitator in of the Global Political Agreement, should work to ensure that all Diasporans are given the right to vote, so that they can have a say in who governs Zimbabwe. It is only after the next elections, which should be credible and uncontested, that possible deportation can be mooted.
In South Africa, I urge the government to utilize the Stakeholders Forum to get civil society input on this issue. – Gabriel Shumba is the Executive Director & Human Rights Lawyer, Zimbabwe Exiles Forum (ZEF); gabmrech@gmail.com
Post published in: Africa News