By Lehlohonolo Lehana.
The Constitutional Court dismissed an application by the home affairs minister Aaron Motsoaledi for leave to appeal a June 2023 Gauteng High Court in Pretoria ruling that the Zimbabwean Exemption Permit (ZEP) programme had been unlawfully terminated.
The matter was brought to court by the Helen Suzman Foundation (HSF), which argued that the minister had not taken into account the profound impact of the termination of the ZEP programme on those who had been living and working in South Africa, legally, for more than a decade.
The Supreme Court of Appeal previously refused to entertain Motsoaledi’s attempt to appeal the ruling.
In June 2023, a full bench of the High Court in Pretoria criticised the department for not following proper procedure in terminating the regime, which allows more than 178,000 Zimbabweans to stay and work in South Africa.
The Helen Suzman Foundation challenged Motsoaledi’s decision to terminate the ZEPs in April last year.
The Constitutional Court this week similarly declined to hear arguments in the minister’s appeal.
In a unanimous decision, it simply refused leave to appeal, making no order to costs.
In a statement issued on Wednesday, the HSF confirmed the dismissal of Motsoaledi’s appeal by the apex court.
“The Constitutional Court dismissed an application by the Minister of Home Affairs for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit had been unlawfully terminated,” the organisation said.
“That June 2023 judgment was unequivocal in holding that the Minister is obliged to follow a fair consultation process. Which duly considers the rights of those affected by terminating the ZEP, before he be lawfully allowed to do so.
“The Constitutional Court’s order affirms with finality that this most basic of legal duties binds the Minister, notwithstanding changes in office that may occur once a new government is formed, when deciding the ZEP’s future.
“It is a vital affirmation – for ZEP holders and South African citizens alike – that principles of fair hearing and rational government are indispensable to our constitutional democracy.”