The Pretoria High Court has dismissed Home Affairs Minister Aaron Motsoaledi’s application in which he was requesting permission to appeal a decision made by a court regarding the termination of Zimbabwean Exemption Permits (ZEPs). The court had previously ruled that Motsoaledi’s decision to terminate the permits without proper consultation was unlawful and unconstitutional.
The minister sought leave to appeal the court’s judgments, arguing that they set dangerous precedents. The Department of Home Affairs disagreed with the court’s findings on the applicability of certain sections of the Promotion of Administrative Justice Act. The minister also claimed the matter involved the separation of powers, but the court deemed his grounds for appeal flawed.
The court had extended the permits for 12 months, from 28 June, pending a fair process that includes public participation. The court also ordered that ZEP holders should be allowed to enter or leave South Africa without being treated differently under immigration laws.
Motsoaledi’s application for leave to appeal was, however, dismissed because he did not provide sufficient evidence in the review proceedings, News24 reported. The court emphasized that their order was temporary relief and not a substitution order. The ruling suggests that ZEPs may be extended beyond 2023, providing further relief for Zimbabwean nationals in South Africa.
The Zimbabwean Exemption Permit Visa (ZEP) was initially established by the South African Government in 2009 to address the significant influx of Zimbabweans. The permit granted certain exemptions from the Immigration and Refugee Acts. In November 2021, the South African Government announced the discontinuation of the ZEP but provided a 12-month grace period until its expiration on December 31, 2021. Various organizations, including the Helen Suzman Foundation (HSF), went to court to contest the termination of the ZEP. As a result, the court ordered a temporary extension of the ZEP program prompting Motsoaledi to appeal.