The Pretoria high court has declared as unlawful and irrational a government decision to terminate a special permit regime for Zimbabweans living and working in SA.
The ruling has divided opinion as is to be expected given how contentious immigration issues have become lately. This is because of the disturbing trend that has seen some political groups blaming immigrants for socioeconomic problems like crime and the health crisis.
But the judgment serves as a reminder that the government cannot simply employ populist quick fixes when dealing with immigration issues that are about human life. The court found that home affairs minister Aaron Motsoaledi’s decision to end the Zimbabwe Exemption Permit (ZEP) regime was arbitrary and irrational.
This was after non-governmental organisations including the Helen Suzman Foundation challenged the minister’s decision, arguing that it violated the rights of the permit holders and their children. The permit regime was introduced in 2009 to allow thousands of Zimbabweans who were fleeing their country at the time under a political and economic meltdown to live and work in SA.
In 2021 the government decided it would no longer issue extensions of the permit and provided holders with a year to get their immigration status in SA in order. While the court said the minister had the right to end the extension, it found that this ought to be done lawfully.
That is a staggering indictment on government which suggests the flouting of processes and possibly making hasty decisions.
The court found that Motsoaledi did not notify permit holders accordingly, and did not invite them to make representation or consider their individual circumstances or their children’s rights.
This was nothing short of a warning from the courts that following process and giving regard to the rights of all who live in SA, which are protected by the constitution, is not negotiable.
Perhaps more crucial is the fact that the court was not satisfied that there was evidence supporting the reasons given for ending the permit regime.
It is only natural that human rights, especially of children, are protected by law. All the issues raised by the court must be dealt with properly by the minister when he reconsiders the matter.
SOWETAN | Handle the ZEP matter lawfully
Image: Trevor Samson
The Pretoria high court has declared as unlawful and irrational a government decision to terminate a special permit regime for Zimbabweans living and working in SA.
The ruling has divided opinion as is to be expected given how contentious immigration issues have become lately. This is because of the disturbing trend that has seen some political groups blaming immigrants for socioeconomic problems like crime and the health crisis.
But the judgment serves as a reminder that the government cannot simply employ populist quick fixes when dealing with immigration issues that are about human life. The court found that home affairs minister Aaron Motsoaledi’s decision to end the Zimbabwe Exemption Permit (ZEP) regime was arbitrary and irrational.
This was after non-governmental organisations including the Helen Suzman Foundation challenged the minister’s decision, arguing that it violated the rights of the permit holders and their children. The permit regime was introduced in 2009 to allow thousands of Zimbabweans who were fleeing their country at the time under a political and economic meltdown to live and work in SA.
In 2021 the government decided it would no longer issue extensions of the permit and provided holders with a year to get their immigration status in SA in order. While the court said the minister had the right to end the extension, it found that this ought to be done lawfully.
That is a staggering indictment on government which suggests the flouting of processes and possibly making hasty decisions.
The court found that Motsoaledi did not notify permit holders accordingly, and did not invite them to make representation or consider their individual circumstances or their children’s rights.
This was nothing short of a warning from the courts that following process and giving regard to the rights of all who live in SA, which are protected by the constitution, is not negotiable.
Perhaps more crucial is the fact that the court was not satisfied that there was evidence supporting the reasons given for ending the permit regime.
It is only natural that human rights, especially of children, are protected by law. All the issues raised by the court must be dealt with properly by the minister when he reconsiders the matter.
Here are options for Zimbabweans to stay in SA
December extension for Zimbabweans living in South Africa on exemption permits
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