…as exemption permit extended for two years
Mohloai Mpesi
AT least 54 653 Basotho migrants working in South Africa, under the Lesotho Special Permit (LSP) project, which was due to expire on 31 December 2023 have been thrown a lifeline after the South African government extended the facility by two more years.
The announcement of the extension was made on Friday by South Africa’s Minister of Home Affairs, Aaron Motsoaleli, who emphasized that this was the last extension. When the permits expire on the 29th of November, 2025, they would no longer be renewed.
Immediately after Mr Motsoaledi’s announcement, the Minister of Local Government, Chieftainship, Home Affairs and Police, Lephema Lebona, told a media briefing that the decision was the result of joint efforts between Lesotho and South Africa.
“This comes after vigorous negotiations between Lesotho and South Africa in Pretoria in September this year where we signed a bi-national cooperation agreement ” Mr Lephema said.
Mr Lephema said it was in that meeting where the two countries had agreed that Basotho should also be granted 90 day visa-free entry into South Africa.
“I would like to thank Minister Motsoaledi and officers of Home Affairs in both countries for working together to see this process through. We are still working hard to ensure that movement of persons between the two countries becomes relaxed,” Mr Lephema said.
The exemption also extends to 178 000 Zimbabwean migrant workers in South Africa.
According to Mr Motsoaledi, the decision was taken due to prevailing circumstances, including easing the burden on the asylum system and the fact that most of the affected Lesotho and Zimbabwe nationals were economic migrants.
The Helen Suzman Foundation had gone to court and won a case against Minister Motsoaledi’s decision to not renew the permits of Zimbabweans. He appealed the decision and the litigation is still ongoing.
For now both the Zimbabwean and Basotho migrants can heave a sigh of relief. Even though the Basotho appear not to have been fighting the minister’s decision as much as the Zimbabweans, the two migrant groups will be treated similarly, Mr Motsoaledi said.
There was a need to avoid unfair and differential treatment of the same category of foreigners in similar circumstances and all other relevant factors, the minister said.
“…In other words whatever treatment we give to Zimbabweans and Basotho must be the same, otherwise we would be very inconsistent with what we are doing,” Mr Motsoaledi said.
He added that migrants from the two southern African nations, would have to strictly abide by the set terms and conditions of the permits which enables holders of the permits to “work, seek employment and conduct business in the Republic”.
“I have decided to grant the exemption (extension) to approximately 54 653 Lesotho nationals for the period of two years,” he said.
However he emphasized the holders of the exemption permits would not be eligible to apply for permanent residence.
“New exemption permits will not be renewable. A holder of an exemption permit will be allowed freedom of movement between Lesotho and South Africa or any other country for that matter.”
About 178 000 Zimbabwean nationals have benefited from the extension with similar terms and conditions as Lesotho’s.
He said the directives would be published in the Government gazette on Monday 4th December 2023.
“I have decided to grant exemptions to approximately 178 000 Zimbabwean Nationals for a period of two years in terms of section 32 (2) (b) of the Immigration Act 13 of 2002,” he said..
There was no need for holders to apply for new exemption permits as the validity of their expired exemption permits had been duly extended to 2025, the minister said.