The Discontinuation of the Zimbabwe Exemption Permit and the Zimbabwean Child’s Right to Basic Education: An Analysis

Abstract

In 2008, many Zimbabwean nationals moved to South Africa to flee political and economic hardships. Having overwhelmed the immigration system, a time-limited special dispensation for Zimbabwean nationals to stay lawfully in South Africa was implemented in 2009. The special dispensation was extended over the years until its expiry at the end of 2021. No extension of the dispensation was granted, and South Africa instead issued several notices extending the stay of Zimbabweans until December 2023. Recipients of the permits have been asked to return to Zimbabwe or apply for other ordinary permits provided in the South African immigration system. In the course of the 13 years since 2009, neither South Africa nor Zimbabwe appears to have anticipated the consequences of terminating the special dispensation despite the context of national, regional and international protocols on matters of immigration and the education of children – notably the Southern African Development Community (SADC)’s Protocol on Education and Training. This article investigates the consequences of the termination of the Zimbabwean Exemption Permit (ZEP) on the basic education of child dependants of ZEP holders. Such consequences include, among others, challenges associated with integrating and adapting to a new curriculum, linguistic and economic barriers, and other socio-emotional reactions associated with making major life changes. The article makes a comparative analysis of basic curriculum portability between South Africa and Zimbabwe and assesses the general readiness of Zimbabwe to integrate children into its education system. In conclusion, the article highlights the importance of organs of state making decisions that are compliant with the Promotion of Administrative Justice Act 3 of 2000. The article recommends educationally sound interventions to ensure effective transitional arrangements for access to basic education for ZEP dependant children.