Minister Motsoaledi’s Decision To End ZEP permits ruled Invalid and Unconstitutional

Minister Motsoaledi’s Decision To End ZEP permits ruled Invalid and Unconstitutional. In 2021, Home Affairs Minister Aaron Motsoaledi announced that the special permit that was first introduced more than a decade ago, would be terminated.

Three judges, sitting as a full bench in the Pretoria High Court, have directed the minister to reconsider the issue “following a fair process” that complies with the relevant laws

Pending the outcome of that process, the permits will remain valid for another 12 months (until the end of June 2024), and ZEP-holders have protection from arrest and deportation.

The case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa after the minister announced the end of the programme in 2021.

Subsequently he granted further extensions but remained adamant that the 178,000 permit holders must either apply for other visas, if they qualified for them, or return “home”.

Home Affairs Minister Aaron Motsoaledi

Pakishe Aaron Motsoaledi (born 7 August 1958, in Transvaal, now Limpopo) is the Minister of Home Affairs in the Cabinet of South Africa. He was previously the Minister of Health from 2009 to 2019.He was an MEC in Limpopo province for agriculture, environment, and education.

Zimbabwean Exemption Permit holders can breathe a sigh of relief. The high court declared Home Affairs Minister Aaron Motsoaledi's decision to terminate the ZEP Irrational, invalid and unconstitutional. It means that no ZEP holder can be deported. #DStv403 pic.twitter.com/Qh7kxA5OOH

— eNCA (@eNCA) June 28, 2023

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On Wednesday, the court ruled in their favour finding, among others, that proper public consultation didn’t take place before the decision was made.

BREAKING

The High Court has declared “unlawful, unconstitutional and invalid” the decision by Home Affairs Minister Dr Aaron Motsoaledi to terminate the Zimbabwean Exemption Permit (ZEP).

The court found that the process was unfair in that the Minister failed to consult ZEP… pic.twitter.com/QRQwbXaTr1

— Aldrin Sampear (@AldrinSampear) June 28, 2023

The court also granted the Zimbabwe Immigration Federation. Another organisation that has challenged the move – an interim interdict preventing ZEP holders from being arrested or deported for now.

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