CAPE TOWN - It has again been promised that the government of South Africa will be offering all Zimbabwean nationals currently in South Africa a permit that would allow them to work and live here for at least 12 months.However, again, no solid promises have been made by the Department of Home Affairs regarding the date and exact details of the document.
It is clear that Zimbabweans cannot expect the document anytime this year. It seems if we are lucky the document will be out maybe, I say maybe because I do not want to create false hopes, early next year.
It has been a long wait and while the wait has continued many have pursued attempts to gain refugee status. In the process of attempting to obtain full refugee status one eventually reaches the Refugee Status Determination Officer (RSDO), this in South Africa takes about two years. If one is successful they receive a document that is valid for at least two years, but the number of people who are rejected far exceed the number approved. In fact at least 90 per cent of applicants are rejected.
The rejection letter they receive comes in two forms, one is written unfounded and gives the applicant about 30days to appeal to the appeals board and the other is manifestly unfounded and allows only 14 days to appeal. The appeals made by those who have been declared manifestly unfounded have to be written and submitted to the Standing committee. If an applicant is rejected on appeal they have no other means of applying for refugee status (other than a high court application) and thus are required to leave the country or remain illegally.
If an immigrant is found to be in the country after the short time they are given to leave, they can be deported. In the case of Zimbabweans, the Department of Home Affairs has put a moratorium on all deportations, leaving Zimbabweans who have failed to obtain refugee status without legal status but not forced to leave.
This is extremely confusing and stressful but the department has promised us that people in that situation would be reissued a section 22 document. We would like anyone who has found themselves rejected after appealing to contact us urgently so we can explore options because we know there are people who remain in legal limbo. It is complicated but we hope the department will deliver.
Post published in: Opinions