Zimbabweans living in South Africa got a reprieve on Monday after the Gauteng High Court Division in Pretoria dismissed Home Affairs Minister Aaron Motsoaledi’s leave to appeal against a ruling that blocked the SA Government from cancelling the Zimbabwe Exemption Permits (ZEPs).
On 28 June 2023, the High Court ruled that Motsoaledi’s failure to consult with the ZEP holders, interested non-governmental organisations and the public, was unlawful, unconstitutional and invalid.
The ruling effectively restored the ZEP holders’ status for another 12 months.
In July, Motsoaledi submitted an application for leave to appeal against the judgment and orders.
The Minister cited the Helen Suzman Foundation, the Consortium for Refugees and Migrants in SA, the All Truck Drivers Forum and Allied South Africa as respondents.
He argued that his decision was not reviewable under the Promotion of Administrative Justice Act (PAJA) because it did not constitute administrative action.
Motsoaledi also stated that the order violated the doctrine of separation of powers and so did the section 172 orders.
However, on 16 October 2023, the High Court ruled that the Minister’s decision was taken before consultation with the ZEP holders or NGOs acting in the interest of the ZEP holders or the public. Ruled the court:
Crucial to establishing the grounds for leave to appeal is the quality of evidence or the incontrovertible importance of the issue contemplated in section 17 (1) (a) (ii) respectively.
What renders the minister’s application destined for failure is his failure to dispose to the answering affidavits in the review proceedings.
The minister could give evidence as to what passed through his mind and how his mind was exercised.
Minister contends that his decision was of executive nature and therefore immunised from sections 3 and 4 of PAJA.
The court also ruled that Motsoaledi’s powers had not been interfered with through the temporary court orders granted against him.
Business Day reported that the latest court ruling means, pending a further decision by the Minister, current ZEPs are deemed to remain valid and the permit holders will continue to enjoy the legal protections.
More: Pindula News