Zimbabweans living in South Africa with special exemption permits were given a 12-month reprieve when the High Court in Pretoria ruled that the decision to cancel the permits was unlawful, unconstitutional and irrational.

The Department of Home Affairs, which created the Zimbabwean Exemption Permits (ZEPs) in 2009, has been given a year to correct its process around the future of the permits.

The department has been found wanting in its application of the Promotion of Administrative Justice Act, which requires administrative decisions to be clear and give adequate notice to those affected.

Section 4(1) of the act says that where an administrative decision "materially and adversely affects the rights of the public", an administrator owes a duty of fairness to the public at large. This would include the administrator holding public hearings or obtaining written comment on a decision.

The court also found that the department did not consider the impact the decision would have on the rights of those affected, especially children.

The ZEPs first came into existence in 2009 and were extended several times by the Department of Home Affairs. In September 2021, the department decided to terminate the ZEP regime and announced that decision in November 2021. This was just a month before the expiry of the latest permits.

The department announced that ZEP holders would be given a 12-month grace period following the expiry of the document, extending its...