Cape Town – Home Affairs Minister Aaron Motsoaledi is seeking to overturn a court ruling that declared the termination of the Zimbabwean Exemption Permit (ZEP) programme unlawful and unconstitutional.
In June, a full bench of the Pretoria High Court criticised the Department and its minister, for not adhering to proper procedures when ending the programme that permitted over 178 000 Zimbabweans to reside and work in South Africa.
As a result of this criticism, the court extended the programme for an additional 12 months, giving the minister the opportunity to follow a more equitable process for its termination, Times Live reported.
Judges Colleen Collis, Mandlenkosi Motha, and Gcina Malindi concluded that the minister had failed to adequately inform or consult the affected individuals, disregarded the rights of children, and lacked substantiating evidence for his assertions.
Consequently, the court instructed the minister to reevaluate the matter through a fair and just process, while also mandating that the department cover the associated costs.
According to EWN, the matter is scheduled to be heard in the Pretoria High Court on Monday.
Motsoaledi’s office has argued that requiring public participation in such decisions sets a dangerous precedent and encroaches on the separation of powers doctrine.
About 180 000 Zimbabweans in South Africa with ZEPs are uncertain about their future, with the judges having previously ordered an extension of the programme for another 12 months in June.
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Compiled by Betha Madhomu