By Lehlohonolo Lehana.
Home Affairs Minister Aaron Motsoaledi has announced that his office will apply for leave to appeal against two Zimbabwean Exemption Permit (ZEP) judgments handed down by a full Bench of the Gauteng High Court in Pretoria.
The court found that Motsoaledi’s decision to terminate the ZEP was invalid, unlawful and unconstitutional and did not consider the impact his decision would have on the holders and that the decision was an unjustified limitation of rights on those affected.
The court also ordered Motsoaledi not to arrest or issue deportation orders for ZEP holders and that they be allowed to leave and return to South Africa.
Since 2009, eligible Zimbabweans have been granted exemption permits allowing them to live and work in South Africa. This specific type of permit, now known as the ZEP, was introduced for those who fled to South Africa due to their home country’s economic and political strife.
The ZEP was due to expire in December 2021. Motsoaledi decided not to renew the permit, which affects more than 178 000 people, and extended the expiration deadline to the end of June 2023, which was later changed to December 2023.
Motsolaedi spokesperson Siyabonga Qoza says if the ruling is not challenged will set a dangerous precedent in the immigration laws.
“The minister has carefully studied the judgment and has taken legal advice on it, the two judgments cannot go unchallenged as they set a dangerous precedent in that the finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act is highly questionable, particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only. In this instance, the affected Zimbabwean nationals.”
Qoza says Motsoaledi will also be challenging the interim interdict against the Zimbabwean Immigration Federation.
“The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children.
“The minister will be challenging the outcome of this matter on appeal on the same basis as outlined above, It is not clear as to what is the purpose of interdict when in fact the minister issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protections afforded by the directives.”
Earlier this month, the department decided to extend the grace period of the permits by six months to the end of December.