A number of Zimbabwe Exemption Permit (ZEP) holders may have been subjected to unfair dismissal and quietly accepted the termination of their employment without legal recourse.
The Zimbabwe Community in South Africa chairman, Ngqabutho Mabhena, has urged ZEP holders who have been summarily dismissed to seek legal recourse following a landmark labour case that awarded nearly R800 000 in back pay to three Zimbabwean-born lecturers.
The case, decided by the Education Labour Relations Council (ELRC), involved lecturers Ivy Ncube, Andile Ncube and Dzungai Shumba, who were employed at Southwest Gauteng TVET College.
They challenged their dismissals after the college terminated their employment amid a dispute over contracts and immigration documentation.
The ELRC ruled in their favour, ordering the college to pay approximately R774 000 in back pay for the period they remained out of work.
Mabhena said the lecturers’ case should encourage ZEP holders to stand up for their rights when they believe they have been unfairly treated.
“This case is a very important lesson for Zimbabweans in South Africa,” Mabhena said. “If you believe you have been unfairly dismissed, do not simply accept it. You have a right to challenge the dismissal through the appropriate labour structures”.
The three lecturers argued that they had been permanently employed, having worked at the college for several years.
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Andile testified that she had been employed since 2010 and that her contract was amended to permanent status in 2025.
She also told the council that the college had assisted her with an application to the Department of Home Affairs.
Shumba, who had worked at the college since 2014, similarly said her contract had been changed from fixed-term to permanent employment. The college disputed their permanent status, arguing that the lecturers had not complied with immigration documentation requirements.
A witness for the college, Andris Kema, told the ELRC that Shumba’s ZEP had expired in November 2025 and that Home Affairs had asked the college to complete a temporary employment form to facilitate an extension.
However, the council found that the college had not followed proper procedural requirements for dismissal and that the lecturers had a reasonable expectation of continued employment, leading to the back-pay award.
South Africa’s Labour Relations Act (LRA) and the Basic Conditions of Employment Act protect all workers, regardless of nationality, against unfair dismissal and unfair labour practices.
The LRA defines an “employee” broadly and does not exclude foreign nationals with valid work permits.
The ELRC, which adjudicates disputes in the education sector, has consistently held that employers must follow fair procedures, including proper notice, a hearing and valid grounds, before terminating employment.
Mabhena said the outcome demonstrated the importance of using South Africa’s labour dispute resolution mechanisms when workers believe their rights have been violated.
“ZEP holders must know that being a foreign national does not mean you should surrender your labour rights. If you are dismissed unfairly, you must report the matter and seek assistance,” he said.
He urged Zimbabwean workers to keep employment contracts, payslips, correspondence, permits and other relevant documents that could assist them if a dispute arises.
He also cautioned ZEP holders against allowing concerns over their immigration status to prevent them from challenging potentially unfair treatment at work.
The case comes amid continued uncertainty among Zimbabweans living and working in South Africa over immigration documentation and employment security.
In recent years, the Department of Home Affairs has wavered on extending the ZEP, creating anxiety that has made some workers reluctant to assert their rights for fear of deportation.
The ZEP is a special dispensation that allows Zimbabwean nationals to live and work legally in South Africa.
First introduced in 2009 as the Dispensation for Zimbabweans Project (DZP), it was replaced by the ZEP in 2014 and has been extended several times amid litigation and policy uncertainty.
As of 2025, an estimated 178 000 Zimbabweans hold ZEPs, making them one of the largest groups of foreign nationals in the South African labour market.
