From the early 1980s, farmers north of the Soutpansberg recruited Zimbabwean workers under the special exemption provision in the Aliens Control Act. Many farmers disregarded the law and employed undocumented workers.30 In 1999 the farmers were instructed by the provincial DHA to phase out their approximately 15,000 Zimbabwean workers and hire only South African labor by mid-October 2001.31 Farmers failed to comply, arguing that South African labor was not available for work on their farms. In November 2001, the Transvaal Agricultural Union (TAU, the conservative farmers’ union), and the government reached an informal agreement to allow farmers to employ Zimbabweans on farms north of the Soutpansberg, provided foreign workers received the same wages and benefits as South African farm workers.32 In October 2004, the governments of South Africa and Zimbabwe signed a Memorandum of Understanding (MOU) on Employment and Labor to ensure that farm owners in the entire Limpopo province—and not only north of the Soutpansberg— comply with immigration and labor laws.33 Specifically to facilitate the documentation of Zimbabwean migrants on farms in Limpopo, the government of Zimbabwe agreed under the MOU to issue them emergency travel documents (ETDs). ETDs are issued more quickly and cheaply than passports, thus advantaging Zimbabweans who already work as farm workers or who will work on farms in Limpopo province over other prospective Zimbabwean migrants to South Africa, who must obtain a passport. Since 2005, under the Immigration Act, 2002 (No. 13 of 2002),34 which was amended by the Immigration Amendment Act, 2004 (No. 19 of 2004),35 farmers who seek to employ foreigners apply to the DHA for a corporate permit. The DHA determines the maximum number of foreigners the corporate permit applicant may hire.36 Farmers must submit proof of the need to employ the requested number of foreigners (see below)—evidently a formality—and provide a job description and proposed remuneration for each foreigner.37 With a flat fee of R1,520 (US$215) irrespective of the 30 Crush, Covert Operations, p. 15, footnote 46, p. 37. “Zimbabwean Farm Labourers in the Northern Soutpansberg Area Ordered to Leave,” Lawyers for Human Rights Statement, October 12, 2001, http://www.lhr.org.za/refugee/news01.htm (accessed July 9, 2006); “Farmers refuse to commit economic suicide,” Zoutpansberger (Soutpansberg), October 19, 2001. 32 Human Rights Watch interview with a white commercial farmer who was a TAU official for the northern region, Makhado, April 25, 2006. 33 For background to the MOU, see “Minister Calls for Closer Cooperation with Zimbabwe,” South African Department of Labour, January 9, 2003, http://www.labour.gov.za/media/statement.jsp?statementdisplay_id=9781 (accessed July 9, 2006). 34 Immigration Act, No. 13 of 2002, http://www.info.gov.za/gazette/acts/2002/a13-02.pdf (accessed July 9, 2006). 35 Immigration Amendment Act, No. 19 of 2004, http://www.info.gov.za/gazette/acts/2004/a19-04.pdf (accessed July 9, 2006). 36 Immigration Act, as amended by Immigration Amendment Act, section 21(2). 37 Immigration Regulations, 2005, section 18(1)(b) and (c), http://www.dha.gov.za/documents/IMMIGRATION%20REGULATIONS%20FINAL_excl%20Annexure%20A.pdf (accessed July 9, 2006). 31 HUMAN RIGHTS WATCH VOLUME 18, NO. 6(A) 14