Home affairs minister Aaron Motsoaledi will have to go back to the drawing board after he lost a case on the extension of the Zimbabwe Exemption Permits (ZEP).
The Pretoria high court on Wednesday ruled that Motsoaledi’s decision to terminate the Zep, to grant limited extension of the ZEP of only 12 months and to refuse further extensions beyond June 30 2023 – as communicated in a public notice to Zimbabwean nationals on January 5 2022 – unlawful, unconstitutional, and invalid.
The case was brought by the Helen Suzman Foundation as well as the Consortium for Refugees and Migrants in SA saw Motsoaledi and his director-general Livhuwani Makhode being hauled to court over the ZEP which covers about 178,000 Zimbabweans.
All Truck Drivers Forum and Allied SA – a truck drivers organisation aiming to ensure that no undocumented workers are involved in the trucking industry – was the third respondent.
Judges C Collis, G Malindi and acting judge M Motha ruled: “The matter is remitted back to [Motsoaledi] for reconsideration…
“Pending the conclusion of a fair process and [Motsoaledi’s] further decision within 12 months, it is directed that the ZEP shall be deemed to remain valid for the next 12 months.”
The judges said ZEP holders will continue to enjoy the protections afforded by Immigration Directive 1 of 2021.
The directive states that holders of the exemption may not be arrested, detained or deported for not having a valid exemption certificate in their passport.
The ZEP holders may also be allowed to enter or depart from SA if they comply with other requirements for entry and departure from SA.
The ZEP has over the past 14 years given a home affairs minister permission to grant qualifying Zimbabweans permission to live, work and study in SA.
The court order comes three weeks after Motsoaledi announced that the validity of ZEP would be extended by six months from June 31 to December 31, a decision which would have resulted in Zimbabweans who’ve not applied for alternative permits such as spousal or work permits to face deportation next year.
The Pretoria high court’s order on Thursday means the ZEP has been extended until the end of June next year.
In court, the Helen Suzman Foundation argued that ZEP holders have established lives, families, and careers in SA. “The termination of this programme has placed all these in jeopardy which decision holds profound consequences for ZEP holders.”
Motsoaledi’s legal representative had argued that it would amount to judicial overreach for the court to intervene in the case.
However, the judges disagreed with Motsoaledi’s view, saying the order was simply meant to preserve the status quo pending the outcome of a fair process and Motsoaledi’s further decision.
High court rules Motsoaledi’s decision unlawful
ZEP matter sent back to home affairs
Image: Freddy Mavunda
Home affairs minister Aaron Motsoaledi will have to go back to the drawing board after he lost a case on the extension of the Zimbabwe Exemption Permits (ZEP).
The Pretoria high court on Wednesday ruled that Motsoaledi’s decision to terminate the Zep, to grant limited extension of the ZEP of only 12 months and to refuse further extensions beyond June 30 2023 – as communicated in a public notice to Zimbabwean nationals on January 5 2022 – unlawful, unconstitutional, and invalid.
The case was brought by the Helen Suzman Foundation as well as the Consortium for Refugees and Migrants in SA saw Motsoaledi and his director-general Livhuwani Makhode being hauled to court over the ZEP which covers about 178,000 Zimbabweans.
All Truck Drivers Forum and Allied SA – a truck drivers organisation aiming to ensure that no undocumented workers are involved in the trucking industry – was the third respondent.
Judges C Collis, G Malindi and acting judge M Motha ruled: “The matter is remitted back to [Motsoaledi] for reconsideration…
“Pending the conclusion of a fair process and [Motsoaledi’s] further decision within 12 months, it is directed that the ZEP shall be deemed to remain valid for the next 12 months.”
The judges said ZEP holders will continue to enjoy the protections afforded by Immigration Directive 1 of 2021.
The directive states that holders of the exemption may not be arrested, detained or deported for not having a valid exemption certificate in their passport.
The ZEP holders may also be allowed to enter or depart from SA if they comply with other requirements for entry and departure from SA.
The ZEP has over the past 14 years given a home affairs minister permission to grant qualifying Zimbabweans permission to live, work and study in SA.
The court order comes three weeks after Motsoaledi announced that the validity of ZEP would be extended by six months from June 31 to December 31, a decision which would have resulted in Zimbabweans who’ve not applied for alternative permits such as spousal or work permits to face deportation next year.
The Pretoria high court’s order on Thursday means the ZEP has been extended until the end of June next year.
In court, the Helen Suzman Foundation argued that ZEP holders have established lives, families, and careers in SA. “The termination of this programme has placed all these in jeopardy which decision holds profound consequences for ZEP holders.”
Motsoaledi’s legal representative had argued that it would amount to judicial overreach for the court to intervene in the case.
However, the judges disagreed with Motsoaledi’s view, saying the order was simply meant to preserve the status quo pending the outcome of a fair process and Motsoaledi’s further decision.
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