The Zimbabwean Exemption Permit Holders Association, representing about 250 000 Zimbabweans in SA, has asked the Gauteng High Court (Johannesburg) to declare them permanent residents, as their permits expire next month.

They are also asking the court to direct the Ministry of Home Affairs to issue them with SA ID documents on the grounds that they are permanent residents of SA in terms of the Immigration Act read together with the Identification Act.

Moneyweb reports that they are also asking the court to review and set aside the decision by Home Affairs not to renew residency permits ‘knowing that the holders of the permit have known no other home besides SA for more than 10 years’.

The report notes that their court papers declare that the decision was ‘unconscionable, irrational, unreasonable and unconstitutional’.

In April 2009, Cabinet approved what was known as the Dispensation of Zimbabweans Project, allowing permit holders to work, conduct business and study in SA.

According to Home Affairs, 295 000 Zimbabweans applied for the permit and more than 245 000 were issued. This was an attempt to regularise the residence status of those Zimbabweans residing illegally in SA due to political and economic instability at home.

‘They have been here for 10 years or longer under a variety of different permits, and it is generally conceded that they make a huge contribution to the SA economy,’ said Advocate Simba Chitando, who is representing the applicants.

He added that the permits do not allow them to enjoy the benefits that come with permanent residence, such as full access to banking facilities, or the right to accumulate pension savings.

Full Moneyweb report