Lesotho Exemption Permit (LEP) which is scheduled to expire on December 31 this year, has been extended for another two years.
In 2015, the South Africa Cabinet approved the implementation of a Special Dispensation for Lesotho nationals. The objective of this dispensation was to document Lesotho nationals who were in South Africa illegally as a result of the socio-economic crisis in Lesotho.
In his statement last Friday, Home Affairs Minister, Dr Aaron Motsoaledi announced that he has issued directives to extend the validity of the exemption permits in respect of Lesotho and Zimbabwean nationals to December 31, 2024.
He called upon all the affected Lesotho and Zimbabwean nationals to make use of the window of opportunity to apply for new exemption permits through VFS Global saying that both nationals will be entitled to apply for new exemption permits.
He said a holder of the exemption permit will be entitled to work, seek employment and conduct business in South Africa.
“A holder of the exemption permit, due to expire on December 31, 2023 or such extended period of validity, will be entitled to apply for a new exemption permit. A holder of the exemption permit will be entitled to sojourn in the Republic of South Africa during the validity of the exemption permit,” he said.
Minister Motsoaledi explained that new exemption permits to be issued will expire on November 29, 2025 and that a holder of the exemption permit will not be entitled to apply for permanent residence in terms of sections 25, 26 and 27 of the Immigration Act 13 of 2002 or any other provisions in any other law, irrespective of the period of stay in South Africa.
“A holder of the exemption permit will be allowed freedom of movement between Lesotho and South Africa or any other country. A holder of the exemption permit cannot change his or her status in the Republic of South Africa, as contemplated in section 10 (6) of the Immigration Act 13 of 2002, during the validity of the permit issued,” Minister Motsoaledi said.
“When a holder of the exemption due to expire on December 31, 2023 or such extended period applies for a new exemption permit, he or she must disclose and/or register all the minor children born and staying in South Africa,” he added.
Moreover, Minister Motsoaledi has granted exemptions to approximately 54 653 Lesotho nationals for two years and approximately 178,000 Zimbabwean nationals.
He added that a dedicated team will be set up to deal with the applications for new exemption permits, saying that VFS Global has also been instructed to fast-track the application process for new exemption permits.
On the other hand, the Director of Migrant Association of Lesotho, Mr. Lerato Nkhetše said that they appreciate the extension, saying that looking at over 90 000 Basotho who are exemption holders and only 54 653 being granted extension that does not make much difference. He said about 35 667 will not be left out saying that this is not a smart partnership and it is not going to benefit Basotho as expected.
“We do not understand the criterion used for extension because it is going to leave out the most vulnerable who are not able to access the system for application. Also, from 2015 when the exemption permit started there have been new people who wanted to apply but could not, so this is not going to have much impact on reducing Basotho working or staying illegal in South Africa instead the number is going to immensely increase,” he stressed.
He said this new extension means that about 36,000 more Basotho will be unemployed as they will not have permits, adding that the fact that after an extended two years, the exemption permits will not be renewed means that they will be back to square one with more illegal Basotho and high unemployment rate.
Furthermore, Mr. Nkhetše highlighted that when the exemption was first introduced in 2015, it cost about M970 and in 2019 it increased to M1, 090, saying that now it has gone further up to M1,400 which he said is more expensive therefore emphasising that their excitement for extension is short-lived.
He added that there is a huge number of Basotho who applied for the permit in 2015 but to date have not been issued with such a permit.
On one hand, the President of the Free Basotho Movement, Dr Letsema Morolong said they embrace the two-year extension especially since initially South Africa did not want to extend it but was forced by court interdict lodged by Zimbabweans regarding their exemption permit.
He explained that by right Basotho should not be treated as foreigners in South Africa, saying besides being land-logged, Lesotho’s bilateral relations with their neighbour go beyond sharing borders. He said whatever happens in South Africa affects Lesotho economically, socially and otherwise.
The Lesotho Exemption Permit has replaced the Lesotho Special Permit (LSP) which expired on December 31, 2019. An estimated 90 314 Lesotho nationals are on the permit. It also allowed Lesotho nationals to sojourn in the Republic of South Africa with relaxed conditions; provided them with work, study or business permits and suspended their deportation.
Source: LENA 05/12/2023
