Policy Tracking 2022/23
South Africa and Zimbabwe Government Statements 23 September 2022
Pandor echoes AU’s calls for sanctions to be dismantled against Zimbabwe at UN General Assembly
Minister of International Relations and Co-operation Naledi Pandor spoke at the General Debate of the 77th Session of the UN General Assembly on September 21 in New York.
Pandor said leaders met at a time when the UN was facing its greatest test, adding that member states had to work with the UN to develop effective responses to the current challenges.
“As the theme of the general assembly indicates, these are diverse, immense, yet interconnected challenges and no country can respond alone. Some have referred to this moment as a key turning point in history.”
Pandor reflected on the Covid-19 pandemic and the war in Eastern Europe, which shape our attitudes today; but added that for South Africa, the real inflection point will be the world attending fully to the needs of the marginalised and forgotten.
“Our greatest global challenges are poverty, inequality, joblessness and feeling excluded. Acting on the Common Agenda vision 2021 of the UN secretary-general should become the major objective of this time because addressing poverty and underdevelopment will be the beginnings of the real inflection point in human history.”
“The Charter of the UN, the Universal Declaration for Human Rights and its human rights protocols all commit us to protecting all people without distinction of any kind. We must acknowledge that we face these crises today because we have not always upheld these foundational principles consistently and fairly.”
Pandor said the Covid-19 pandemic had provided a roadmap on what should be done and not done to address global challenges.
“We should use the lessons learnt effectively. There were some noble initiatives such as the Access to Covid-19 tools Accelerator (ACT-A) that was co-chaired by President Ramaphosa, the AU Champion for the Covid response, and the Prime Minister of Norway.
“This initiative laid the basis for a fairer distribution of vaccines, therapeutics and diagnostics.”
Pandor said global solidarity was also required to meet other pressing challenges such as energy and food insecurity, climate change and the devastation caused by conflicts, including the existential threat of nuclear weapons.
“Instead of working collectively to address these challenges, we have grown further apart as geopolitical tension and mistrust permeate our relations.
“We should, however, move forward in solidarity, united in efforts to address our common global challenges to ensure sustainable peace and development.
“One of the tasks we must successfully implement to ensure developing countries are not left behind when treatments are available is to create and support research and innovation capacity in Africa for vaccine production, invest in strengthened public health systems and produce thousands more professional health workers. This requires sustainable investment in higher education, research institutions and in global research co-operation.”
The mobilisation of resources and capabilities to strengthen the pandemic response and preparedness of all nations must be substantially increased. It will be a tragic indictment on all of us as leaders if future pandemics found the poorest as unprepared as many were for Covid-19, said Pandor.
“We need to strengthen the global health architecture to ensure that we are better able to meet the challenges of new pandemics and other infectious diseases of concern. South Africa is proud to be part of this solution through the establishment of the first mRNA global technology transfer hubs that will contribute to the security of supply of life-saving medication for African countries and other developing countries.
South Africa’s energy crisis
Pandor said South Africa, like many other developing countries, faced huge developmental challenges, including in the energy sector and called for a collective effort to address global energy shortages, including by deploying innovative solutions that are cheaper, cleaner and more accessible.
“Working with international partners, we are developing our Just Energy Transition Plan to significantly reduce harmful emissions in South Africa. Work on an expanded green economy is also gaining significant momentum.
Education
“We commend the secretary-general for focussing attention on transforming education. Education remains one of the most important drivers to end poverty and inequality, and we will work towards increasing the access to education that is affordable. South Africa has no-fee schools at primary and secondary school levels for the most vulnerable learners. There is also a state bursary for poor students who qualify for tertiary education. These measures have over the years served to increase the enrolment of learners who were previously unable to access education.”
In the field of research and innovation, we need more partnerships such as the Square Kilometre Array (SKA) science infrastructure project hosted in South Africa and Australia, which is an international partnership that is one of the largest scientific endeavours in history. Partnerships of this nature must be encouraged to leverage scientific breakthroughs for development purposes.
Fair trade
The multilateral trading system must be strengthened so that we genuinely create a conducive environment for fair trade that also provides opportunities for developing economies. If actionable steps such as these are not taken, developing countries will remain subject to an imbalanced global financial and trading system.
Multilateralism
Using this moment of renewal, we reiterate our commitment to multilateralism as the only means to build a better world. The UN itself must be transformed so that it serves its role cognisant of current global dynamics. It is unacceptable that 77 years after its establishment, five nations wield disproportionate decision-making power in the UN system as a whole. Transformation of the UN must include more representative, transparent and accountable organs of global governance.
Pandor added that for the UN to be effective, the General Assembly must be revitalised and the Security Council must be reformed.
“We also cannot have a credible organisation if persistent transgressors of the Charter are not held accountable.”
Climate Change
We must act immediately to protect the environment and the world we live in, for ourselves and for future generations. While Africa is the least responsible for the climate crisis, it finds itself at the epicentre of its worst impacts. We should therefore emerge from COP27, in Egypt, with an agreement that contains enhanced and balanced actions on adaptation, mitigation and financing. This must take into account our common but differentiated responsibilities and respective capabilities. In addition, we must agree on a mechanism for loss and damage.
In South Africa, our Cabinet has approved wide-reaching policies to ensure that we can meet our climate change targets. We have established a Presidential Climate Finance Task Team to lead and co-ordinate negotiations with the International Partner Group to give effect to the Just Energy Transition Partnership (JETP). The JETP seeks to address South Africa’s investment needs in infrastructure to facilitate our coal phase-down in a manner that ensures that no one is left behind.
Peace and Security
Building a better world requires peace and stability. South Africa continues to believe that conflict resolution must not come through fuelling conflicts, but through investing in efforts aimed at political dialogue. We should aspire to peace as a global public good. There have been no winners of the wars of the past seven decades. Instead, they engendered strife, distrust among nations, divisions, a perpetual misallocation of resources to weapons as well as increased poverty and underdevelopment.
While we work to address contemporary conflicts, we should not ignore long-standing ones such as Palestine that has been on the UN agenda throughout the seven decades of the existence of this organisation. We cannot ignore the words of the former Israeli negotiator at the Oslo talks, Daniel Levy, who addressed the UN Security Council recently and referred to “The increasingly weighty, body of scholarly, legal and public opinion that has designated Israel to be perpetrating apartheid in the territories under its control.”
Israel must be held accountable for its destructive actions that have significantly impaired the possibility of a two-state solution.
Similarly, we cannot ignore the decades-long struggle for self-determination of the people of Western Sahara. We must treat all conflicts across the globe with equal indignation, no matter what the colour or creed of the people affected.
South Africa calls for an end to the embargo against Cuba, which continues to impede the right to development of her people. In the same vein, we call for an end to unilateral coercive measures against Zimbabwe, which have compounded the problems experienced by the people of Zimbabwe and have a detrimental effect on the broader Southern African region.
Discrimination
Our quest to build a better world will remains unfulfilled as long as people are still discriminated against on the basis of race, gender, sex, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture or language.
We have a responsibility to make sure that every girl child receives an education and that every woman has an opportunity to work, to study, to start a business and to have choice and control over her life and body.
Violence against most vulnerable
We need to end the violence perpetrated against the most vulnerable, most often women and children. We have witnessed that women in conflict situations are particularly vulnerable, including female journalists. The murder of Shireen Abu Akleh and other journalists is a stark reminder of the dangers that women in conflict situations face. We must do all we can to protect them, and hold those accountable for harming them.
We must also strengthen the capacity and draw on the voices of the youth on the African continent. In this regard, we need to harness the demographic dividend by maximising our investment in quality education as a means to address intergenerational poverty, together with inclusive economies.
Pandor concluded by saying that Africa is home to more than 1.3 billion people and that it is fast emerging from centuries of colonialism, occupation and exploitation, from wilful neglect and under-development.
African Continental Free Trade Area
Through the African Continental Free Trade Area, the countries of Africa are laying a firm foundation for a new era of trade, commerce and productivity.
African countries are establishing conditions for the seamless flow of goods and services between African markets, for the growth of industry and for the construction of the roads, bridges, railway lines, ports and power stations that will support growth.
As we continue our efforts to end war, conflict and insurgency in several parts of our continent and to prevent the unconstitutional seizure of power, we will continue to seek greater alignment between the agendas of the UN and our body, the AU.
“To overcome all these acutely global challenges, we must agree to a common path out of an increasingly polarised world. A rules-based international system, predicated on international law and strict adherence to the provisions of the UN Charter is essential. Such a system must safeguard the interests of all and not only the powerful.”
President Cyril Ramaphosa’s Visit to Washington D.C
Zimbabwe
Ramaphosa said he had raised the issue of US sanctions against Zimbabwe as these were causing “collateral damage” in South Africa and other neighbouring countries. They were weakening the Zimbabwean economy, “resulting in Zimbabweans leaving Zimbabwe in droves, going to neighbouring countries, South Africa, Botswana and Namibia.” This was imposing a burden on the services in these countries.
He also told Biden South Africa felt strongly that the AU should become a member of the G20 group of significant economies. South Africa is now the only African country in the G20 but “we need to spread the responsibility for representing African views”, Ramaphosa said. He told Biden that Africa should also get permanent representation on the UN Security Council.
Daily Maverick 19 September 2022 (Retrieved from https://www.dailymaverick.co.za/article/2022-09-19-ramaphosa-tells-biden-hell-help-international-peace-efforts-in-ukraine/ )
Policy Track 2023
ANC January 8th Statement
President Cyril Ramaphosa
President Cyril Ramaphosa speaks out against US sanctions on Zimbabwe
Ramaphosa said the ANC must rebuild international solidarity networks through party-to-party relations with its historical partners and build new relationships with newly formed progressive forces.
“The ANC supports the calls for the lifting of punitive sanctions against Venezuela, Iran, Cuba, Syria, Zimbabwe and elsewhere where such sanctions have been imposed unilaterally and unjustifiably, causing immense suffering and hardship to ordinary citizens of these countries,” said Ramaphosa.
He emphasised the importance of strengthening relations on the continent and the world at large.
“We must strengthen party-to-party and multi-party relations on our continent to turn consensus into concrete action. The ANC should intensify engagement with Southern African liberation movements to ensure that common programmes are realised.”
Noting the persistent oppression and exploitation of peoples in various parts of the world and the weakening of global peace and stability,” Ramaphosa said the ANC’s 55th National Conference resolved to intensify international solidarity in all forms.
“The ANC continues to pledge its solidarity with the people of Palestine for freedom, independence, justice and equality. The ANC reiterates the call for the right to self-determination of the people of Western Sahara, and we will continue to strengthen the long and traditional bonds with the Polisario Front,” Ramaphosa said.
IOL 8 January 2023
SA Government on ZEP Permits
ZEP: no rights were taken away, Home Affairs’ lawyers tell court
The lapsing of the Zimbabwean Exemption Permit (ZEP) system was a political decision by the Minister of Home Affairs, and does not take away the rights of ZEP holders, the government has argued in court.
Advocate Ismail Jamie, counsel for the Minister of Home Affairs, told a full bench of the Pretoria High Court that there was no decision to terminate the ZEP system, as argued by the Helen Suzman Foundation (HSF) and the Consortium for Refugees and Migrants in South Africa (CoRMSA) in a case that seeks to set aside the minister’s decision to terminate the ZEP system on 30 June 2023.
Rights that were temporarily conferred in the first place had been allowed to lapse through the passage of time, he said. No rights had been taken away.
“Just as government was free to adopt (a visa exemption) policy in respect of Zimbabweans as it relates to the conditions prevailing in that country in 2008 and 2009, it is free to change that policy in 2023,” says Jamie.
Blanket visa exemptions for Zimbabweans illegally in SA were introduced in 2009 under the Dispensation of Zimbabweans Project (DZP). That gave legal status to about 250,000 Zimbabweans who had fled political and economic instability at home. It allowed them to live, work, study and open businesses in SA. This scheme was extended and renamed the Zimbabwean Special Permit (ZSP) in 2014 and the ZEP in 2017. In 2021, Home Affairs Minister Aaron Motsoaledi announced that the ZEP system would not be renewed, though two temporary extensions were granted until 30 June 2023.
When asked by Justice Gcina Malindi on whether ZEP holders had a right to consultation on a matter that affected the rights they had acquired under the permit system, Jamie replied that consultation with ZEP holders will take place when ZEP holders apply for alternative visas or waivers.
“Practically, it is impossible to expect government to consult 180,000 ZEP holders, and to consider the personal circumstances of ZEP holders and their families. It would have taken years to assess impact on that level. That’s impractical and not required by law,” said Jamie.
In response, Advocate Steven Budlender, for the Helen Suzman Foundation, argued that there was no consultation with affected parties either before or after the decision to terminate the ZEP system. The minister’s claim that it was impractical to canvass 178,000 opinions as to how it would impact them was irrational, as this was standard procedure whenever legislation or policy is proposed by government, he said. “There was plenty of time to issue a notice of comment, yet this was not done in this case,” said Budlender. “All public power has to be rational and there must be a rational process.”
The court heard considerable debate as to whether the minister’s decision was subject to review in terms of the standard of procedural fairness under the Promotion of Administrative Justice Act (PAJA), or legal rationality. Jamie argued that PAJA did not apply, but that even if it did, the minister’s decision was procedurally fair in that ZEP holders were given 18 months to regularise their affairs. They were also given an opportunity to make representations to Home Affairs and apply for waivers or alternative visas.
Budlender disputed the claim made by counsel for the minister that this was a cabinet decision, saying it was the director-general of Home Affairs who made the decision. The minister had failed to consider the adverse impact of the decision on ZEP holders and their children. There was no affidavit from the minister explaining what steps he had taken to consider these impacts. “We sit here with no evidence that a single person has been granted a waiver. The minister has a duty of candour to this court,” said Budlender.
The Helen Suzman Foundation argued that it is not saying the exemption permit system can never come to an end, but that decisions that affect the rights of ZEP holders and their families must be properly considered. The minister’s decision limited the rights of ZEP holders since they would find themselves at risk of deportation, loss of jobs and closure of bank accounts after 30 June 2023.
David Simonsz, representing the Consortium for Refugees and Migrants in South Africa (CoRMSA), challenged the minister’s claim that there was no need to consult affected parties before making a decision as momentous as terminating the ZEP system. There was no consultation with those affected when the DZP was granted, or ended, nor were Zimbabweans consulted when the later programmes were introduced and ended. “The idea that at no point they had a right to be heard is wrong. When decisions are made that have an impact on you, you have a right to be heard,” said Simonsz.
Ground Up
By Ciaran Ryan 12 April 2023
US extends Zimbabwe sanctions, cites growing repression
In a message to the US Congress dated March 1, 2023, Biden said Zimbabwe had not made any reforms to warrant the lifting of the sanctions that were first imposed in 2003 for alleged human rights violations and electoral fraud.
No reforms
“President Emmerson Mnangagwa has not made the necessary political and economic reforms that would warrant terminating the existing targeted sanctions programme,” President Biden wrote.
Biden said the Zimbabwean government’s security services throughout the year routinely intimidated and violently repressed citizens, including members of opposition political parties, union members and journalists.
“The absence of progress on the most fundamental reforms needed to ensure the rule of law, democratic governance and the protection of human rights leaves Zimbabweans vulnerable to on-going repression and presents a continuing threat to the peace and security in the region,” Biden said in a statement.
US pursued
African leaders, including South Africa’s President Cyril Ramaphosa, last year used various forums to persuade the US to lift its sanctions against Zimbabwe.
President Ramaphosa used a visit to Washington last year to push for the lifting of the sanctions, which he said were affecting Zimbabwe’s neighbours who host millions of economic refugees from the troubled country.
Biden, however, said actions of certain members of President Mnangagwa’s government posed a threat to the US foreign policy.
“The actions and policies of certain members of the Zimbabwean government undermined Zimbabwe’s democratic process posing an unusual and extraordinary threat to the United States foreign policy,” he added.
He said he had determined it was necessary to continue the national emergency declared in Executive Order 13288, as amended with respect to Zimbabwe and to maintain in force sanctions in response to the threat.
Voice of America 4 March 2023
By Kitsepile Nyathi
SA faces largest exodus: Zimbabweans open up as permit expiry date looms
A country which was once looked at as a place of refuge and possible safe haven for Zimbabwean nationals, is gearing up for what is expected to be one of the largest exoduses of Zimbabweans this year.
This follows a directive by Home Affairs Minister Aaron Motsoaledi stating that the six-month extension of the Zimbabwean Exemption Permits (ZEP) would be the last extension, bringing the ZEPs to an end come June 30.
According to the “Country Report South Africa: Complementary pathways and the Zimbabwean Dispensation Project” authored by UCT associate professor Dr Fatima Khan and UCT’s refugee rights unit, this will impact 178000 holders of the temporary protection permit.
The permits were due to expire on December 31, 2022, prior to the extension granted.
The ZEPs were the government’s temporary response to the large numbers of Zimbabweans entering the country from 2008 due to economic and political precarity, placing strain on the asylum-seeker system.
IOL 9 February 2023
By Shakirah Thebus
Issues In Zim Will Be Sa’s Problem ‘For the Longest Time’, Says Mbalula
South Africa has a Zimbabwe problem – and no one is willing to help it, said African National Congress (ANC) secretary-general Fikile Mbalula as he called for an end to long-standing sanctions against the country.
He also urged the South African government to not budge on its refusal to take sides in the Russia-Ukraine conflict.
Mbalula was speaking at an ANC Youth League fundraiser in Johannesburg on Wednesday morning.
He said that South Africa would have to contend with Zimbabweans flocking into the country in search of better living conditions.
Sanctions against Zimbabwe were implemented in the early 2000s in the wake of the land grabs era.
The United States and the British claimed that the sanctions were due to human rights violations and a lack of commitment to press freedom and other democratic practices.
Mbalula said that the Americans and the British were refusing to let up because they wanted regime change.
“We’ve got a problem here in Zimbabwe and it’s brewing. And you think it’s going to be the problem of the Americans; it’s going to be our problem for the longest of time.
“Americans must give peace a chance… We need a roundtable; we need peaceful negotiations,” Mbalula said.
He said that South Africa had to continue refusing to side with either Russia or Ukraine, and instead push for negotiations toward a peaceful solution.
EWN 8 March 2023
By Tshidi Madia
Home Affairs on extending the validity of the exemption permits issued to the Zimbabwean nationals
Press statement on the issuing of Minister’s Immigration Directive no: 2 of 2023, extending the validity of the exemption permits issued to the Zimbabwean nationals
1. As you are aware, the Minister of Home Affairs (Minister) issued a directive in September 2022, extending the validity of exemption permits issued to the Zimbabwean nationals to 30 June 2023. Since that time, significant developments took place.
2. The Minister has approved thousands of waiver applications of the affected Zimbabwean nationals. This has resulted in significant increase in the number of visa and waiver applications. The Departmental Advisory Committee (DAC) led by Dr Cassius Lubisi is now dealing with the increased number of visa applications.
The Minister is equally considering and approving waiver applications on a daily basis.
3. Unlike before since May/beginning of June 2023, VFS Global is now receiving between 1 000 – 1 500 visa and waiver applications of the affected Zimbabwean nationals daily. For these reasons, the Director- General has deployed more officials to assist in the processing of the applications.
4. The Minister took into consideration the said factors, including (to a certain extent) submissions received from the affected Zimbabwean nationals, relevant officials of the Department of Home Affairs (DHA) and other interested parties and decided to issue another Immigration Directive, extending the validity of Zimbabwean exemption permits for a further period of 6 months, ending on 31 December 2023. A copy of the Directive is annexed hereto marked “A”.
5. The Minister’s Immigration Directive no: 2 of 2023, will be published in the Extraordinary Government Gazette tomorrow on Thursday, 8 June 2023 .
6. The Minister calls upon all interested parties to take into consideration the said Directive in their decision-making processes.
7. The Minister will be addressing a letter to the Minister of International Relations and Cooperation requesting her to issue a note verbale to bring the Directive to the attention of His Excellency, the Ambassador of the Republic of Zimbabwe.
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South African court rules against government over ending permits for nearly 200,000 Zimbabweans
A South African court on Wednesday ruled against the government and ordered it to reconsider its decision to terminate the special permits allowing nearly 200,000 Zimbabwe nationals to live and work in the country.
The government’s decision was set to force Zimbabweans to return home if they didn’t obtain regular work visas, even if they have children who were born in South Africa and are South African citizens.
In its ruling, the Gauteng High Court in Pretoria said the Department of Home Affairs’ decision in 2022 to end the special exemption for citizens from neighboring Zimbabwe was “unlawful” and “unconstitutional” because it didn’t follow “a fair process” of consultation.
The permits were extended until at least June 28 next year under the court ruling.
The department initially set a deadline of June 30 this year — Friday — for the termination of the Zimbabwe Exemption Permit system. That deadline was recently extended to the end of the year.
Around 178,000 Zimbabwe nationals live in South Africa under the scheme. It was introduced in 2010 in an attempt to deal with a surge in migration by Zimbabweans escaping the economic woes of their home country, which have persisted.
The Helen Suzman Foundation NGO and a group advocating for the rights of migrants in South Africa took the government’s Department of Home Affairs to court over its decision.
By The Associated Press
28 June 2023