AN UPDATE ON FOREIGN NATIONALS & THEIR EMPLOYABILITY IN SOUTH AFRICA

Written by Megan Griffiths

ZEP and LEP Permit extensions

For many establishments in the hairdressing, cosmetology, beauty, and skincare industry, the stability of ZEP and LEP holding staff is now secured until 28 May 2027. This reprieve has direct implications for staffing, skills retention, and compliance, as these establishments often rely on experienced foreign nationals who have built careers in South Africa over many years. Both the Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) have been officially extended until 28 May 2027, allowing holders to continue living, working, and studying legally in South Africa. The extension automatically applies to all current holders. No new application or additional paperwork is required. Establishments may therefore continue to legally employ ZEP and LEP holders without risk of non-compliance, provided that permit conditions are observed and documentation is kept up to date.

It is, however, very important to note that this extension applies only to ZEP and LEP permit holders, not to all Zimbabwean or Lesotho nationals. Establishments should verify and maintain accurate records of employees’ exemption permits, including expiry dates and any conditions attached to the permit. This not only supports compliance with immigration law but also protects the establishment from disputes should an employee’s status be challenged by authorities. It is also important to note that all protections under the Labour Relations Act apply to foreign nationals, whether documented or not, in the same way they apply to South African citizens. Foreign nationals may not be unfairly dismissed or subjected to unfair labour practices, and may access bargaining councils and the Labour Courts. This means that an establishment cannot lawfully discriminate against an employee on the basis of nationality or immigration status if that person is legally entitled to work in South Africa.

Long-standing Issue for ZEP Permit Holders

The Zimbabwe Dispensation Permit (ZDP) was initially introduced in 2009 as a special permit issued to Zimbabweans who fled instability to live, work, and study legally in South Africa. At the time, the ZDP was intended to ease the humanitarian crisis caused by political and economic turmoil in Zimbabwe, while also recognising the contribution many Zimbabwean nationals were already making to the South African economy and labour market. In 2014, it was replaced by the Zimbabwe Special Permit (ZSP), valid for three years, continuing the effort to regularise Zimbabwean nationals and prevent them from being treated as undocumented migrants. Later, Home Affairs announced the Zimbabwe Exemption Permit (ZEP) to replace the ZSP, covering approximately 178,000 Zimbabweans who had been living and working in South Africa under previous dispensation schemes.

One of the conditions of the ZEP and its predecessor programmes was that permit holders could not apply for permanent residence in South Africa. This restriction meant that even long-term residents who had built careers, paid taxes, and contributed to the economy remained in a state of temporary legality, unable to plan their futures with certainty. In 2021, the government announced the end of the ZEP, sparking public debate and legal challenges. Many civil society organisations, trade unions, and advocacy groups argued that the abrupt termination of the permit would render thousands of people vulnerable to deportation, job loss, and family separation. Following extensive court cases, the Supreme Court of Appeal held that discontinuing the ZEP without proper review violated constitutional principles of fairness and administrative justice. The courts emphasised that decisions affecting such a large group of people must be taken through transparent and participatory processes, and not simply on the basis of executive fiat.

While the permit itself was meant to be a temporary arrangement, the ZEP permits were extended multiple times, with the latest extension until 28 May 2027. Permit holders were temporarily protected from arrest, deportation, or being ordered to leave South Africa solely due to a lack of standard visas, but they faced ongoing uncertainty about their future. For establishments in the hairdressing, cosmetology, beauty, and skincare industry, this meant managing highly skilled stylists, therapists, and managers whose legal status was perpetually in flux. After years of uncertainty, Zimbabwean nationals living in South Africa may now be moving toward a clearer long-term future, as government and civil society actors discuss expanded opportunities for permanent residence. While no automatic or category-wide pathway has yet been introduced, any future policy changes are likely to consider long-term lawful residence, economic contributions, family ties, and humanitarian factors. If such a pathway is adopted, it would not only regularise the status of many long-term residents but also strengthen the stability of the workforce in sectors that depend heavily on experienced foreign nationals.

Concessions for Visa Backlog Applicants

Foreign nationals trapped in the Department of Home Affairs’ processing backlog have also been given breathing room. The Department of Home Affairs extended the temporary visa concession for foreign nationals with pending waiver or visa appeal applications until 30 June 2027. This temporary extension allows legally admitted foreign nationals with pending waiver or long-term visa appeal applications to remain in South Africa and to travel without being declared “undesirable persons.” For many workers in the hairdressing, cosmetology, beauty, and skincare industry, this concession is particularly important, as it allows them to continue working under existing permits while their long-term applications are being processed.

This concession applies only to applicants who submitted their applications via VFS Global and who can produce a verifiable receipt from the VFS tracking system. Establishments that employ such workers should ensure that employees retain these receipts and that copies are kept on file. Importantly, the extension applies to the current visa status. Foreign nationals without a prior work permit are not permitted to work under the concession. This means that an establishment cannot rely on the concession to employ someone who has never been legally authorised to work in South Africa. Employers must still ensure that any foreign national being paid a salary has a valid work authorisation that is consistent with the Immigration Act and with the conditions of the particular visa or permit.

Pending Permanent Residence Applicants

Pending permanent residence applications were not covered by the directive and, therefore, were not extended. Those with pending permanent residence permit applications must maintain a valid residential status at all times. This requirement creates a practical challenge for many foreign nationals, particularly those whose applications have been pending for years. For establishments, this means that staff who are waiting for permanent residence still require a valid temporary status, whether that is a work permit, a visitor’s permit with work rights, or another form of legal authorisation. If an employee’s temporary status lapses, even while a permanent residence application is outstanding, the establishment may be exposed to non-compliance if that person continues to work. To avoid this, establishments should encourage employees to keep their short-term permits and visas renewed and to seek professional immigration advice when applications are delayed.

Illegal Foreigners

While there is a temporary reprieve for documented workers, there is aggressive enforcement against illegal or undocumented workers. The Department of Employment and Labour, the Department of Home Affairs, and the South African Police Service have intensified compliance inspections to address the employment of illegal foreigners. In the hairdressing, cosmetology, beauty, and skincare industry, where many small and medium establishments operate, inspections can have a significant impact on operations if undocumented workers are found on site. Penalties may include fines, suspension of business activities, and, in serious cases, criminal charges against the employer.

In parallel, the Department of Home Affairs launched “Operation New Broom,” a technology-driven initiative using advanced biometric systems to detect, apprehend, and deport illegal foreigners, while reducing the risk of fraudulent documentation. The operation is designed to clean up the immigration system and to ensure that only those with valid permits and visas remain in the country. For establishments, this means that due diligence around identity documents, permits, and visas is no longer optional. Managers and HR practitioners should be trained to verify authenticity, spot inconsistencies, and refer suspicious documents to competent authorities rather than attempting to interpret them on their own.

Looking Ahead

South Africa’s immigration framework is under review, and a new policy may fundamentally reshape the landscape of foreign employment. While legal pressure from advocacy groups may influence a shift toward offering permanent residency to ZEP holders, anti immigration group Operation Dudula has filed papers in the High Court challenging Home Affairs Minister Leon Schreiber’s decision to extend the ZEP programme until May 2027. This case has yet to be heard. The outcome of the litigation could have far-reaching implications for the stability of the foreign national workforce, not only in the hairdressing, cosmetology, beauty, and skincare industry but across the broader economy. Establishments should therefore treat the current extension as a temporary guarantee and continue to plan for potential changes in the regulatory environment.

Establishments and permit holders should keep documentation updated, ensure compliance with permit conditions, and monitor announcements from the Department of Home Affairs for future directives. Regular internal audits of employees’ immigration status, combined with periodic training on immigration and labour law, can significantly reduce the risk of non-compliance. By doing so, establishments not only protect themselves from penalties but also uphold the dignity and rights of their foreign national employees, contributing to a more stable, fair, and lawful labour market.