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Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando has said they will appeal if the Pretoria High Court rules in favour of the South African Government in their court application on the discontinuation of the Zimbabwean Exemption Permit (ZEP).
Chitando is seeking the court to grant ZEP holders permanent residence in South Africa. 
ZEP expires on 30 June 2023 but there are no indications as to when the Pretoria High Court will deliver its ruling on the application by ZEPHA and other human rights organisations such as the Helen Suzman Foundation (HSF).
HSF has argued that the decision by South Africa’s Department of Home Affairs to terminate the ZEP scheme without proper public consultation is unlawful and wants the court to set aside the directive.
Asked on <a href="https://www.sabcnews.com/sabcnews/deadline-for-zimbabwean-exemption-permits-draws-near/">SABC News</a> what the plan was if the court rules in favour of the South African Government, Chitando said:
<blockquote>
The litigation has been brought not just by the Helen Suzman Foundation but also by several other parties.
If successful in that litigation… we will wait for the relief and the relief will give us direction about what will happen to the ZEP holders.
Some of the parties that have instituted the litigation sought permanent residence… which is what the institution I am representing is seeking while the Suzman Foundation wants the Government to reconsider their decision.
Either way, we are bound by the court decision and we do not know when it will take place.
If we are successful… the Government would have to take a decision on whether they are going to appeal the judgement and obviously if we are unsuccessful I can guarantee you that we would appeal the judgement that is not in favour of ZEP holders.
</blockquote>
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for “regular” SA visas.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Pindula News

Lawyer Representing ZEP Holders Vows To Appeal If Court Rules In SA Government's Favour

The High Court in Pretoria is on Friday, 14 April 2023 expected to hear the third and final argument in the challenge against Home Affairs Minister Aaron Motsoaledi’s decision to discontinue the Zimbabwe Exemption Permit (ZEP) programme.
Zimbabwean Exemption Permit Holders Association (ZEPHA) legal counsel, Advocate Simba Chitando, told <a href="https://www.groundup.org.za/article/zimbabwean-exemption-permit-intro-minister-acted-outside-his-powers-court-told/">GroundUp</a> they will ask the court to grant ZEP holders permanent residence in South Africa. He said:
<blockquote>
ZEPHA believes that ZEP holders have lived in South Africa long enough to become residents and have taken the view that continuous extensions are unfairly expensive and unlawful.
We have waited a long time for this hearing, and hope for a favourable decision from the Court.
</blockquote>
The termination of the ZEP scheme would mean that about 178 000 permit holders and their dependents will have to return to Zimbabwe or seek alternative visas or permits in South Africa.
Counsel representing the Zimbabwe Immigration Federation (ZIF) in the second application against South Africa’s Home Affairs Minister Advocate Tembeka Ngcukaitobi warned that forceful deportation of Zimbabweans would lead to human tragedy. Said Ngcukaitobi:
<blockquote>
It’s an impractical thing. How is South Africa going to expel so many people on the first of July? How is this going to happen practically?
It’s completely averse for the minister to refuse to extend the benefits until the judges have decided what to do with this…
It’s a truly perverse position to adopt that you want a decision to be enforced even though you know the human tragedy that will underpin any massive migration of people.
This is not voluntary migration, this is going to be forced migration because it has to be executed by law.
</blockquote>
ZIF is asking the court for an interim interdict to prevent the ZEP system from ending on 30 June 2023, so that ZEP holders will not be at risk of being declared illegal foreigners.
The Zimbabwe Exemption Permit (ZEP) system was introduced more than a decade ago to regularise the status of Zimbabweans who were illegally in SA due to political and economic hardships at home.
The Department of Home Affairs last year announced that the ZEP system would be terminated in June 2023, by which time ZEP holders would have to apply for “regular” SA visas.
Several Lesotho nationals living and working under the so-called Lesotho Exemption Permit have likewise been told that their services are no longer required.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

"ZEP Holders Now Deserve South African Permanent Residence Status"

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