HOME Affairs will appeal the North Gauteng High Court judgment that declared Minister Aaron Motsoaledi’s decision to terminate the Zimbabwean Exemption Permit (ZEP) as unlawful, unconstitutional and invalid.
The ruling was made on Wednesday, 28 June after the Helen Suzman Foundation had challenged Motsoaledi’s decision to discontinue ZEP, which was announced in 2022.
ZEP is a special permit that grants its holders and their children temporary legal status to live, work, and study in Mzansi. It was introduced by government to properly deal with the inflow of undocumented Zimbabweans.
On Thursday, 29 June, department spokesman Siya Qoza said the minister has already instructed legal representatives to launch an application for leave to appeal the judgment and court orders without any further delay.
Qoza said the minister has carefully studied the judgment and has taken legal advice on it.
“The two judgments cannot go unchallenged as they set a dangerous precedent in that the finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act is highly questionable, particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only. In this instance, affected Zimbabwean nationals.
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“The decision that the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations, which falls within the domain of the Executive,” he said.
Qoza said that the judgment also deals with matters relating to an inviolable principle of separation of powers, and the minister believes that this is another strong ground for appeal.
He said the minister believes that the decision he made was correct, and took into consideration all the interests and rights implicated, including those of children.
“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,” said Qoza.
