By Lehlohonolo Lehana.
The High Court in Pretoria has dismissed Minister of Home Affairs Aaron Motsoaledi leave to appeal its ruling declaring his decision to terminate the Zimbabwean Exemption Permit programme as unconstitutional.
A full bench in June upheld a challenge that the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa levelled against the decision.
Motsoaledi was seeking an order to argue its case before the Supreme Court of Appeal (SCA).
The court extended the permits for 12 months from 28 June, pending the conclusion of a “fair process” that includes an adequate public participation process the court found had not been done before the 7 June gazette for the ZEP termination.
In its judgment on Monday, the High Court said Motsoaledi’s application was “destined for failure” because he did not depose an answering affidavit in the review proceedings.
“Only the minister, as the decision maker, could give evidence as to what passed through his mind and how his mind was exercised,” the judgment read.
“The rest of the minister’s grounds for leave to appeal are not necessary to traverse. It is enough to conclude by pointing out that the court was at pains to explain that its order under Section 8 (1)(e) of PAJA was temporary relief, which is distinct from a substitution order under section (8)(1)(c)(ii)(aa) of PAJA and is just and equitable remedy in terms of Section 172 (1)(b) of the Constitution.”
The bench on Monday dismissed the application with costs.
The ZEP system was introduced in 2009 to regularise the status of Zimbabweans fleeing to SA for political or economic reasons. It allows permit holders to live, work and study in SA.