Zimbabwean Work Permit

SmartKit

SmartKit

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So, the gardener's work permit has expired.

He has applied for another one, but it's still in process and we have no way of knowing when or if it will be renewed. Apparently the Minister of Home Affairs has made some utterances that if you have the receipt for the application you can continue to work indefinitely.

To be frank, I'm not willing to take the liability for being in violation of the Immigration Act for this guy.

Does anyone know what the situation is here?

Apparently the minister has made the following remarks:

http://www.dha.gov.za/index.php/sta...mit-application-process-17-march-2015-midrand

We had allowed eligible Zimbabwean nationals in possession of the old DZP permits to be in the country and to travel between our two countries, without being declared undesirable or arrested for being illegal, until their application process had been finalized, and had been issued with their new ZSP permits.
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So I would assume that also allows them to continue working?
 
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I don't think you can call them gardeners anymore.
It is considered offensive by some.
Garden Maintenance Officer sounds better.
 
phaktza said:
So, the gardener's work permit has expired.

He has applied for another one, but it's still in process and we have no way of knowing when or if it will be renewed. Apparently the Minister of Home Affairs has made some utterances that if you have the receipt for the application you can continue to work indefinitely.

To be frank, I'm not willing to take the liability for being in violation of the Immigration Act for this guy.

Does anyone know what the situation is here?
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He is not a gardener, he is your Horticultural Maintenance Engineer.

And you wouldn't be in violation of the Immigration Act as far as I know, and do you honestly think anyone will come after you anyway?

I employ a Zimbabwean HME, and I have never asked if he has a work permit or not, and nobody has ever checked either. He is for all intents and purposes a "casual worker".
 
ToxicBunny said:
He is not a gardener, he is your Horticultural Maintenance Engineer.

And you wouldn't be in violation of the Immigration Act as far as I know, and do you honestly think anyone will come after you anyway?

I employ a Zimbabwean HME, and I have never asked if he has a work permit or not, and nobody has ever checked either. He is for all intents and purposes a "casual worker".
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If you employ someone without a work permit (or an expired permit) you are indeed in violation of section 38 of the Immigration Act. However, it seems a special dispensation has been made for Zimbabweans.

Next step is to get this guy fired though. I'm done with his s***ty attitude. I hope Home Affairs rejects him.
 
phaktza said:
If you employ someone without a work permit (or an expired permit) you are indeed in violation of section 38 of the Immigration Act. However, it seems a special dispensation has been made for Zimbabweans.

Next step is to get this guy fired though. I'm done with his s***ty attitude. I hope Home Affairs rejects him.
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You probably should have opened with this :rolleyes:
 
If you went to HA they would likely not grant him a work permit because being a gardener is not a special skill. You will probably get him deported if you went and tried to apply and that special dispensation period application has expired anyway.
 
phaktza said:
If you employ someone without a work permit (or an expired permit) you are indeed in violation of section 38 of the Immigration Act. However, it seems a special dispensation has been made for Zimbabweans.

Next step is to get this guy fired though. I'm done with his s***ty attitude. I hope Home Affairs rejects him.
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Surely you just fire him because he has no valid work permit and so you cant employ him?
 
Ok, so my lawyer's interpretation of the statement is that the statement makes no mention of allowing "eligible Zimbabwean nationals in possession of the old DZP permits" to continue to "work, conduct business, study and financially transact in South Africa" "until their application process had been finalized". This merely means they can't be deported.

I've sent a mail to the Department of Home Affairs requesting clarification - will I get a response?
 
R13... said:
If you went to HA they would likely not grant him a work permit because being a gardener is not a special skill. You will probably get him deported if you went and tried to apply and that special dispensation period application has expired anyway.
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He applied within the period, went for the interview and is awaiting the outcome. For some reason Tendai Mtawarira, as a Zimbabwean, get's harassed of his eligibility to do a job that is not a "special skill" (though in my opinion sport should be excluded as talent is not something everyone has) yet my Garden Maintenance Officer is pushed through, or so it seems.
 
YingYang said:
"SA work permit for a Zimbabwean"
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Thanks, you're about as helpful as the DHA.

And no it's not called the Special Dispensation for Zimbabweans, it's called the Zimbabwean Special Dispensation, even though it's given by South Africa.
 
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I O U said:
@phaktza - if you don't want him, the UK have plenty of gardens requiring his services :D
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Geez, I'd still like to be allowed back to the UK at some point. He's the equivalent of a horticultural terrorist.
 
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