HSF Asks Court To Intervene As Minister Motsoaledi Is "Causing Uncertainty On ZEP"

The Helen Suzman Foundation (HSF) has asked the court to intervene and address the uncertainty caused by the actions of Home Affairs Minister Aaron Motsoaledi who is challenging the nullification of his decision to cancel the Zimbabwe Exemption Permits (ZEPs).

The Pretoria High Court heard the HSF’s request to enforce a previous court order stating that the termination of the ZEP and the refusal to grant further extensions were invalid, unconstitutional, and unlawful, Daily Maverick reported. The foundation argued that the ZEP should remain valid while the minister investigates the consequences of its termination. In a statement on Thursday, HSF executive director, Nicole Fritz, said the court application was necessary. Fritz said:

When the minister first signalled his intention to appeal the court’s June 2023 judgment, HSF asked him to leave the ZEP in place until he exhausted the appeal process. The minister refused.

 When the court held, on 16 October 2023, that the minister’s appeal had no prospects of success, HSF asked that he now abide by the court’s June 2023 judgment. The minister again refused, instead indicating that he planned to continue his appeal by approaching the Supreme Court of Appeal (SCA).

The Zimbabwean Exemption Permit (ZEP) was introduced in 2009 to provide a way for Zimbabweans who fled their country’s economic and political difficulties to live, study and work in South Africa. The Helen Suzman Foundation has requested that a court order be enforced to keep the ZEP valid while the Home Affairs Minister conducts a fair and reasonable investigation into the consequences of ending the program. The minister has stated that he will enforce immigration laws impartially, even after his application to appeal the previous court judgment was denied. Read a Home Affairs statement:

The minister has also taken legal advice on the judgment. The minister has decided to exhaust the legal remedies available to him. To this end, he has already instructed his legal representatives to apply for leave to appeal to the Supreme Court of Appeal without any delay.

The minister believes that the matter is of such great public importance to deserve the attention of a higher court.

The minister is encouraged by the increased number of waiver and visa applications lodged by the affected Zimbabwean nationals. The minister is considering and approving an average of 2,000 waiver applications every week.

The minister would like to assure the public that the Department of Home Affairs will continue to enforce the immigration laws without fear or favour.

The Helen Suzman Foundation is concerned that the Home Affairs Minister’s actions regarding the Zimbabwean Exemption Permit (ZEP) could set a dangerous precedent in the implementation of the law. They are seeking court intervention to address the uncertainty faced by ZEP holders. Without this intervention, there is a risk that the court’s previous judgment will be suspended when the minister appeals. This would mean the ZEP would expire in two months. The foundation argues that ZEP holders and their children need certainty, rather than relying on the minister’s piecemeal extensions. They believe government decision-making should follow the law for the benefit of all South Africans.

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