Southern Africa: Civil Society Hails Court Ruling Declaring ZEP Termination Unlawful As 'A Victory' for SA's Migrant Community

South Gauteng High Court, Pretoria

Civil society organisations have welcomed the Pretoria High Court judgment which declared the termination of the Zimbabwean Exemption Permit 'unlawful and unconstitutional' -- lauding it as a victory for the thousands of Zimbabwean nationals who call South Africa home.

"Where the exercise of public power will have a drastic effect on the rights, lives and livelihoods of any persons, it cannot rationally be made without affording the affected persons an opportunity to make representations."

This was according to the Helen Suzman Foundation following the judgment by a Full Bench of the Pretoria High Court on Wednesday, which ordered Home Affairs Minister Aaron Motsoaledi to conduct a fair process in reconsidering the termination of the Zimbabwean Exemption Permit (ZEP) system.

The Pretoria High Court ruled that the Department of Home Affairs' decision to terminate the ZEP system -- which would have profound consequences on the lives of more than 178,000 ZEP holders who have lived and worked in South Africa for well over a decade -- was "unlawful, unconstitutional and invalid".

Permit holders will now have another 12 months to remain in the country, without fear of reprisal or arrest, after the court ordered the department to conduct a proper public participation process as required by law, Daily Maverick reported.

In one form or another, permits for Zimbabweans choosing to live in South Africa have been in place for more than a decade.

In November 2021, the Cabinet announced...

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