Is a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job listed in the DPSA circulars? Understanding the rules and when scarce skills could change the odds in South Africa

There is a lot of talk and confusion going on about whether a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job is something that is actually possible in South Africa right now. Many Basotho people who have been living and working here for years are looking at the weekly DPSA circulars with hope, but the rules from the Department of Public Service and Administration and Home Affairs are very specific about who can get these positions. Even though the LEP gives you the right to work, getting into a government department is a different story because these jobs are usually reserved for the people of the country first.

Understanding the rules for a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job

• Permit Name: Lesotho Exemption Permit (LEP), which replaced the old LSP.
• Relevant Authority: The Department of Home Affairs (DHA) is the one that issues these permits and sets the conditions.
• The Employer: The Department of Public Service and Administration (DPSA) manages the vacancies for all government departments through their circulars.
• Permit Status: The LEP is a temporary work permit and not a Permanent Residency permit.
• Employment Condition: Most government jobs listed in the DPSA circulars explicitly state that “Preference will be given to South African citizens and Permanent Residents.”
• Legal Extension: Minister Aaron Motsoaledi recently extended the validity of these permits, meaning holders are legally in the country, but the employment restrictions for the public sector remain tight.
• Place: This applies to all national and provincial departments across South Africa.

Basically, if you are a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job, you need to understand that the law in South Africa prioritizes citizens. According to the Public Service Act, government departments must first try to find a South African citizen or a permanent resident to fill a post. Because the LEP is just a special exemption permit and not permanent residency, it is very hard for a holder to be considered for a standard administrative or general worker role in the government. If you look at the latest news on trending topics regarding migration, you will see that the government is under pressure to hire locals first.

However, there is a small gap. If a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job has a “scarce skill”—like being a specialized doctor, a high-level engineer, or a math teacher where there is a shortage—the department might consider them. But even then, they have to prove that they couldn’t find a South African to do the job. Most people with LEP permits are working in the private sector where things are a bit more flexible. You can find more updates on these permit issues on social media platforms like X (Twitter) where the Department of Home Affairs often posts about permit extensions and new rules.

It is also important to remember that the LEP comes with a condition that says it does not lead to permanent residency. This means that a Lesotho Exemption Permit (LEP) holder allowed to apply for a government job might find their application rejected automatically by the HR systems that look for a 13-digit South African ID number. For now, the safest bet for LEP holders is to look for opportunities in the private sector or as independent contractors, unless they have a very rare skill that the government desperately needs. Many people are following groups on Facebook and Instagram to see if there will be any changes to these rules as the permit deadlines approach in 2024 and 2025.

Common questions about LEP holders and government employment

• Can I apply for a DPSA job if I have an LEP?
  Technically, anyone can send an application, but the Z83 form and the circular instructions usually say only citizens and permanent residents are eligible. Your application will likely be disqualified during the screening process.
• Does the LEP count as Permanent Residency?
  No, it does not. The LEP is a temporary exemption. It does not allow you to apply for South African citizenship or permanent residency based on how long you have stayed here.
• What if the job is for a scarce skill?
  If you are a professional with a skill that South Africa lacks, the government department can apply for a waiver to hire you, but this is a long and difficult process.
• Can I be a teacher in a public school with an LEP?
  Many Basotho teachers work in South Africa, but often they are on SACE contracts in private schools or specific school governing body (SGB) posts rather than permanent DPSA government posts.
• Do I need a South African ID to apply?
  Yes, most government online systems and Z83 forms require a 13-digit ID. Since LEP holders only have a passport and a permit, they often get stuck at this stage.
• What happens if my LEP expires while I am working?
  If your permit expires and is not renewed, you lose your legal right to work in South Africa immediately. Employers, including the government, are required by law to terminate the contract of anyone whose work visa has expired.