The Department of Home Affairs (DHA) is set to launch an application for leave to appeal against two judgements related to the Zimbabwean Exemption Permit (ZEP).
In the first judgement, the North Gauteng High Court ruled that Minister Aaron Motsoaledi’s 2021 decision to terminate the long-standing ZEP programme is “unlawful, unconstitutional and invalid” following a legal challenge of that decision by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa.
The court ordered that the matter be referred back to the department for reconsideration “following a fair process” of public consultations and extended the validity of the ZEP by 12 months.
The DHA announced that Minister Motsoaledi has taken legal advice on the matter and will challenge the decisions, as “they set a dangerous precedent”.
The department alluded that the separation of powers may have been compromised by the judgment.
In addition, an interim interdict barring the arrest, detaining and deportation of ZEP holders was also handed down in a separate case involving the Zimbabwean Immigration Federation.
“It is not clear as to what is the purpose of interdict when in fact the Minister issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protections afforded by the directives. The last Minister’s Immigration Directive was issued on 7 June 2023.
“Furthermore, many affected Zimbabwean nationals continue to apply for other visas and waivers in large numbers as provided for in the Immigration Act 13 of 2002,” the department explained.
The DHA said the two judgments and orders will be placed under appeal “without any further delay”.
“The Minister would like to take this opportunity to assure the nation that he will do everything in his power to ensure that the Immigration Laws of the Republic of South Africa are enforced without fear or favour,” the department said.
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