Back to court for Zimbabwean permit holders seeking to stay in SA; Operation Dudula challenges minister

By Moneyweb

Anti-immigration group Operation Dudula announced on Friday that it is taking Home Affairs Minister Leon Schreiber to court over his decision to extend Zimbabwean Exemption Permits (ZEPs) by 18 months. That extension expires in May 2027.

Operation Dudula – which has been accused of fanning xenophobia in SA – served a notice of motion on the minister, arguing that he lacked the authority or followed improper procedures in extending the ZEP deadline.

The ZEP extension was gazetted in October 2025.

Operation Dudula wants the minister and the director-general of Home Affairs to issue a new directive inviting ZEP holders to apply within six for alternative documents under SA immigration laws.

If successful, this would impact 180 000 ZEP holders and their families, potentially requiring them to return to Zimbabwe.

Among those cited as respondents are the minister and director-general of Home Affairs, the Helen Suzman Foundation (HSF), the Consortium for Refugees and Migrants in SA, the Zimbabwe Immigration Federation (ZIF), and African Amity – a precursor to the Zimbabwe Exemption Permit Holders Association (Zepha).

ZEP holders have complained of repeated harassment by Operation Dudula and similar groups: children have been denied enrolment at schools; others have been blocked from accessing hospitals; businesses where they work have been subject to “immigration audits”; and many have been debanked.

Operation Dudula’s claims criticised

“It has been brought to my attention that my client, the sixth respondent in litigation initiated by Operation Dudula, has been invited, amongst others, to defend the legality of the ZEP,” says Advocate Simba Chitando, who represents Zepha.

“The prayers in Operation Dudula’s notice of motion, at just a glance, appear unhinged, bizarre, obviously lack any merit, and will be opposed,”  he adds.

“In my view, their efforts ought to be focused on utilising economic opportunities in the country, and the region, instead of targeting fellow Africans.”

Read: The resonance of Operation Dudula

ZIF founder Luke Dzviti says the Operation Dudula matter should be thrown off the court roll on technical grounds, as the Minister of Home Affairs is required, in terms of a 28 June 2023 court order, to consult with ZEP holders.

This was after his predecessor, Aaron Motsoaledi, was found to be flouting the Promotion of Administrative and Justice Act by terminating the ZEP programme, which was originally introduced in 2009 under various names to regularise the status of Zimbabweans in SA, allowing them to live and work in SA.

Listen/read: ActionSA slams ZEP extension as Schreiber defends legal process

The ZEP programme has been extended multiple times since then.

Allegations of political motive

Some Zimbabweans believe this latest court challenge is a predictable anti-immigrant campaign being stirred up ahead of this year’s local government elections.

Read:
Home Affairs in the dock over termination of ZEP system [Apr 2023]
Court grants ZEP holders another 12 months [Jun 2023]
ZEP and Lesotho permit holders can stay two more years, but … [Dec 2023]

Operation Dudula (meaning “to force out” in isiZulu) previously attempted to intervene in a case brought against the Department of Home Affairs by the HSF in 2022, in which the court set aside the decision to terminate the ZEP programme.

Dudula argued in that case that the permits stretched SA’s limited resources and contributed to mounting social pressures, including crime.

Judge Norman Davis refused Operation Dudula’s intervention application, ruling it had no direct and substantial interest in the matter, and that claims linking immigrants to crime were speculative.

Operation Dudula plans to contest the 2026 municipal elections in key areas like Johannesburg, Ekurhuleni and Tshwane.

The movement, formed in 2021 on an anti-immigrant platform, has targeted undocumented migrants and foreign-owned businesses, while demanding for mass deportations.