simply serves to underline the inappropriateness of the current ad hoc attempts to deal with
undocumented Zimbabwean migrants, some of whom would genuinely qualify for political
asylum and many of whom would not. It is over burdening the asylum system and likely
resulting in bad decisions in the screening processes.
ii. Zimbabweans with passports: 90day working visa on entry
In May 2009, the longstanding visa system for Zimbabweans was dropped and was replaced
with the issuing of a 90‐day permit at the border, allowing Zimbabweans to work in South
Africa for three months, after which they can leave and re‐enter. This was not a special
dispensation, and simply belatedly brought Zimbabwe in line with other neighbouring
countries who have had visa‐free entry to South Africa for some time. For those who have
passports, this has made a dramatic difference to their ability to enjoy some level of legal
existence in South Africa.
However, the vast majority of Zimbabweans crossing the border continue to do so
undocumented, as passports are so difficult and expensive to obtain in Zimbabwe. There are
years of delay between application and passports being issued. Most Zimbabweans therefore
continue to face all the obstacles of being undocumented, including the violence and
corruption associated with illegal border crossings. Many resort to acquiring an ASP, as
referred to above, as an ad hoc measure.
iii. Special dispensation under Section 31 (2) b
It would make sense to issue a special dispensation to Zimbabweans, rather than to apply
ASPs indiscriminately to all border crossers. Such a special dispensation was in fact
announced as forthcoming, first in mid 2008 and then again in April 2009, and was aimed at
making it possible for undocumented Zimbabweans already in South Africa to regularize their
presence. The permit would have allowed for six months of residence, subject to review.53
There is no indication that this policy will in fact materialize: there has been a change of
government and Minister, and the new Minister of Home Affairs is apparently reluctant to
implement a special dispensation for Zimbabweans.54 However, in the face of obvious failings
to deal with the influx in any other satisfactory way, the policy of a special dispensation needs
to be urgently revived and implemented.
4. Migrants and policing
One of the consequences of the criminalizing of migrants simply through their lack of papers,
has been the focusing of the police on immigration policing to the detriment of resources
being spent on tracking more serious crimes. The FMSP showed in 2009 that the Gauteng
police department spent 26% of its total policing budget on immigration policing:
SAPS Gauteng spends approximately R 350 million per annum on immigration
policing. And this with no evidence that foreigners are disproportionately involved in
criminal activity.... For all of the time the police spend chasing foreigners, they are
53 SAPA; “Temporary legal status for Zimbabweans”; SABC News, 2 April 2009.
54 Interview, Legal Resources Centre, 5 March 2010. There was a change of President and of Ministers in 2009.
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