SA Home Affairs Minister Set To Challenge ZEP Permits Court Judgments
South Africa’s Home Affairs Minister Aaron Motsoaledi is set to challenge the two judgments delivered by the courts which declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) as unlawful, unconstitutional and invalid.
The North Gauteng High Court in Pretoria also granted an interim interdict that restrains the government from detaining or deporting holders of the ZEP.
Speaking to SABC News, Motsoaledi’s spokesperson, Siya Qoza said that the decision to cancel ZEP permits is one of policy that falls within the parameters of Executive Action.
He added that the court ruling overriding a decision taken by a different arm of the State defies the separation of powers doctrine. Said Qoza:
The decision that the minister took not to extend the Zimbabwean exemptions involves weighing policy considerations that fall within the domain of the executive.
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The judgment also deals with matters relating to a sacrosanct principle of separation of powers.
The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children.
In the ruling, which was delivered on 28 June, three judges, Colleen Collis, Gcina Malindi and Mandlenkosi Motha, sitting as a full bench in the Pretoria High Court, 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, reported GroundUp.
The judges said their order would preserve the status quo pending the outcome of a fair process and the Minister’s further decision.
The court case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa after Motsoaledi announced the end of the programme in 2021.
The judges handed down a separate ruling in a matter brought by the Zimbabwean Immigration Federation for an interdict, stopping any action being taken against ZEP holders, pending a review of the Minister’s decision.
More: Pindula News
