By Lehlohonolo Lehana.
The Supreme Court of Appeal (SCA) has granted Home Affairs Minister Dr. Aaron Motsoaledi leave to appeal the Zimbabwean Exemption Permit ruling in the Zimbabwe Immigration Federation (ZIF) matter.
This after the Zimbabwe Immigration Federation took the Department of Home Affairs to court in 2022 over the termination of the ZEP, asking the court to declare it unconstitutional and invalid.
The decision was taken by Cabinet not to renew the permits when they expired in December 2021, but agreed to an extension by a year to grant Zimbabweans a chance to apply for alternative visas.
In December last year, Motsoaledi announced that his department granted at least 178 000 Zimbabweans exemption permits until 29 November 2025.
The federation launched an application in the High Court in Pretoria to challenge the decision affecting Zimbabweans who live, study and work legally in South Africa with the permit.
In June last year, the court ruled against Motsoaledi, granting an interdict to the Zimbabwe Immigration Federation to prohibit the department from arresting, deporting and detaining any person who doesn’t possess a valid ZEP.
However, the department said it was not clear what the purpose of the interdict was when, in fact, the minister issued directives to ensure that the affected Zimbabweans continue to enjoy the protections afforded by the extension of the ZEP.
Conditions of the extension of the ZEP meant that the Zimbabwean nationals would be allowed to work, seek employment and conduct business in South Africa during the period of validity or to apply for a new permit.
No holder of a valid exemption permit may be arrested, ordered to depart or be detained for purposes of deportation or deported for any reason related to them not having any valid exemption certificate, reads the department’s directive.
“It will be recalled that in the Helen Suzman Foundation (HSF) and ZIF matters, the full court of the Gauteng Division granted orders sought by HSF and ZIF on 28 June 2023,” Home Affairs said on Thursday.
“These are matters that have to do with the Zimbabwean Exemption Permit.
“The Minister of Home Affairs Dr. Aaron Motsoaledi applied for leave to appeal in the SCA in both matters.”
The department said the Minister’s leave to appeal the HSF matter was dismissed by the SCA and he has now applied for leave to appeal to the Constitutional Court.
“The Minister welcomes the decision of the SCA granting leave to appeal in that court the Zimbabwe Immigration Federation matter,” the department said.
“In light of the decision of the SCA, the Minister has already instructed his legal representatives to file a supplementary affidavit in the Constitutional Court.”