Cape Town – The High Court in Pretoria has denied Minister of Home Affairs Aaron Motsoaledi’s request to appeal a ruling that declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) program unconstitutional.
The court upheld a challenge from the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa back in June.
The minister sought permission to appeal, but the court rejected his application on Monday, and he is also required to cover the legal costs.
Home Affairs Minister, Aaron Motsoaledi has failed to appeal a ruling, on his decision to terminate Zimbabwean Exemption Permits. The High Court in Pretoria dismissed Motsoaledi’s leave to appeal its ruling, that declares his decision to terminate the ZEP programme,… pic.twitter.com/VBClTIGNos
— eNCA (@eNCA) October 16, 2023
In June, the court determined that Motsoaledi’s decision to terminate the ZEP program without consulting ZEP holders, relevant NGOs, and the general public was deemed “unlawful, unconstitutional, and invalid.”
At that time, the court extended the ZEP permits for an additional 12 months starting from June 28.
This extension was contingent on the fulfillment of a “fair process”, which necessitates a thorough public participation procedure that the court found to have been lacking prior to the announcement of the ZEP termination on June 7.
Furthermore, the court mandated that ZEP holders be allowed to both enter and leave South Africa, and they should not be subject to the provisions of sections 29, 30, and 32 of the Immigration Act that pertain to non-ZEP holders.
Compiled by Betha Madhomu