South Africa's construction sector relies heavily on workers from neighbouring SADC (Southern African Development Community) countries, mainly Zimbabwe, Lesotho, Mozambique and Malawi. There is no special SADC construction worker visa: these workers must use the same immigration categories as anyone else, on top of two special permit schemes for Zimbabwe and Lesotho. As at June 2026 the picture is in flux, with the government running public consultations on the future of those special permits. This guide covers the visa reality, the Zimbabwe and Lesotho exemption permits, and what employers must do to stay on the right side of the law.
The visa and permit reality
There is no construction-specific SADC visa. Workers from SADC countries use the standard categories:
- General Work Visa, which needs a job offer, a compliant employer, and, from October 2024, a minimum of 100 points on the new scorecard.
- Critical Skills Work Visa, where the occupation qualifies, which is rare for general construction roles.
- Business Visa, for genuinely self-employed contractors.
- Asylum seeker or refugee permits, which may allow work only where this is expressly stated on the permit.
In practice, many SADC construction workers are undocumented or working on expired or inappropriate permits. A big reason is that the General Work Visa points are hard to reach for lower-skilled construction roles, so people fall through the cracks.
The Zimbabwe Exemption Permit (ZEP): history and current status
The ZEP has one of the most tangled histories in South African immigration law. The short version:
- In 2009, Zimbabwe Special Permits were introduced to regularise roughly 178,000 Zimbabweans living informally in SA.
- Between 2014 and 2017 those permits were rolled over and converted into Zimbabwe Exemption Permits.
- In December 2021, the DHA announced it would not renew ZEPs and gave holders 12 months to move onto mainstream visas.
- From 2022 to 2024, a run of High Court challenges and executive extensions kept ZEPs alive through one deadline after another.
- In November 2024, the DHA extended ZEPs automatically to 28 November 2025.
- In October 2025, the Minister of Home Affairs extended ZEPs, and the Lesotho Exemption Permits (LEPs), to 28 May 2027.
- In April 2026, the DHA confirmed in a formal media statement that the permits remain valid until 29 May 2027, and that a public consultation on the future of both the ZEP and the LEP is underway, with a Cabinet report expected by the end of the 2026/27 financial year.
So the date to work to is clear: ZEPs and LEPs are valid until 29 May 2027 (the extension was granted to 28 May 2027 and the permits run to 29 May 2027). A ZEP lets the holder study, work, seek employment and run a business in SA, and move freely in and out of the country. It does not let the holder apply for permanent residence or change immigration status while the permit is valid.
Here is the part that matters most. The DHA has said another extension after May 2027 is "unlikely". ZEP and LEP holders who have not yet applied for a mainstream visa or a waiver should not wait. Get immigration advice well before the 2027 deadline, because the runway is shorter than it looks. The Lesotho Exemption Permit works on the same basis and carries the same 29 May 2027 date.
Corporate visas for larger employers
Large construction employers who regularly bring in SADC or other foreign workers can use a Corporate Visa. This lets a company apply for a quota of foreign workers in a single application, rather than one application per person. The visa is issued to the company, and individual workers are then authorised to work under that umbrella. It is an option worth raising with an immigration practitioner if you employ foreign labour at any scale.
The legal position for employers
Enforcement stepped up sharply in 2025. The Department of Employment and Labour, the DHA and the SAPS ran joint compliance inspections, and 68 employers were arrested. The penalty regime under the Immigration Act for employing undocumented workers is real:
- A first offence carries a fine of up to R40,000 or imprisonment of up to one year.
- A second offence carries a fine of up to R80,000 or imprisonment of up to two years.
- A third or later offence carries imprisonment of up to five years, with no fine option.
There is also a proposed law on the horizon. The Employment Services Amendment Bill (ESAB) is at the public participation stage as at mid-2026. It is proposed, not law. If enacted, it would let the Minister of Employment and Labour set sector-specific, occupation-specific and geographic quotas for foreign nationals, including in construction, with exceptions only for critical-skills roles or a formal ministerial exemption.
Whether or not ESAB passes, the safest approach is to treat strict due diligence as current best practice. An employer should verify every worker's legal right to work before appointment, take and keep a copy of any ZEP or LEP and confirm it is current, confirm the approval and timeline for anyone on a waiver, prepare written skills transfer plans for foreign employees, offer terms equal to or better than comparable South African staff, and keep compliance records ready for inspection.
Common mistakes
- Treating the ZEP as open-ended. It is valid until 29 May 2027, and the DHA says a further extension is unlikely. Plan the move to a mainstream visa now.
- Assuming there is a SADC construction visa. There is not. SADC workers use the standard categories or the exemption permits.
- Relying on a permit you have not seen. As the employer, take a copy and confirm it is current before the first shift.
- Waiting for ESAB before doing due diligence. ESAB is proposed, not law, but Immigration Act enforcement is already active and arrests are happening.
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