WHM Labour Law Advisors

Recent announcements by the Minister of Home Affairs bring important updates for
employers who employ foreign nationals in South Africa. These updates relate specifically to
Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP).

Extension of Zimbabwean and Lesotho Exemption
Permits

Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) were
originally scheduled to expire on 28 November 2025.
The Minister of Home Affairs has now extended the validity of these permits until 28 May
2027.
This extension allows permit holders to continue living and working legally in South
Africa while longer-term immigration processes are addressed.

Extension of Waiver and Appeal Applications

The Minister has also extended the concession relating to waiver and appeal applications
until 31 March 2026.
This extension has been granted due to the ongoing backlog in the processing of
immigration applications at the Department of Home Affairs.
Employees who have submitted waiver or appeal applications will therefore continue to
benefit from this concession period while their applications are being processed.

Employer Responsibilities

Employers have a legal duty to ensure that all foreign employees are authorised to live
and work in South Africa.
This includes verifying:
● That the employee holds a valid visa or permit
● The conditions and limitations attached to that permit
● Whether the employee has applied for any extensions, waivers or appeals
Employers should request documentary proof confirming that the employee:
● Holds a valid ZEP or LEP, or
● Has submitted the necessary application for renewal, waiver or appeal

Risks for Employers

Employers may face serious legal consequences if they employ foreign nationals who do not
have valid work authorisation.
Risk situations include:
● Foreign nationals who entered South Africa illegally and have not applied for
asylum
● Expired visas or permits where no renewal application has been submitted
● Fraudulent or forged documentation
● Suspicious or unverifiable immigration documents
Employers should take care to verify documentation carefully and ensure compliance with
immigration legislation.

Need Assistance?

Managing foreign employee documentation and compliance with immigration requirements
can be complex.
WHM Labour Law Advisors has extensive experience within the Human Resources and
Industrial Relations environment, assisting employers in managing compliance and
protecting their businesses from legal risk.
If you require assistance with employment compliance, disciplinary procedures, or
labour law advice, our team is ready to help.

hennie@whmlabourlaw.co.za
www.whmlabourlaw.co.za

Disclaimer
This article is provided for general information purposes only and does not constitute legal
advice. While every effort is made to ensure the accuracy of the information, WHM Labour
Law Advisors cannot be held liable for any loss or damages arising from reliance on the
information contained herein.