Harare — Aaron Motsoaledi, South Africa's minister of home affairs, wants to contest a ruling from the Supreme Court of Appeals (SCA) that said he violated the law and Constitution by terminating the Zimbabwe Exemption Permits (ZEP), The Citizen reports.
The Department of Home Affairs had argued in Pretoria's Gauteng High Court that the government has no grounds for continuing the ZEP scheme. Motsoaledi and Tommy Makhode, the director-general of the department, are requesting permission to appeal a prior ruling that deemed the termination of the ZEP program to be illegal and unconstitutional to the Supreme Court of Appeal (SCA).
In the course of the hearings, the department's attorney, Advocate William Mokhare, said his clients believe the SCA could reach a different result regarding whether there are reasonable possibilities of victory. Motsoaledi, according to the Helen Suzman Foundation (HSF), has "no prospect" of succeeding in his appeal, so his application ought to be denied.
Zimbabweans who were fleeing political and economic unrest in their country were able to live and work in South Africa thanks to the ZEP, which was implemented in 2009. According to Mokhare, this temporary solution was always meant to last "until government was satisfied" that it could end the programme.
The attorney emphasized that despite criticizing Motsoaledi for neglecting to notify or consult the holders of the permits, the court recognised the non-renewal of the ZEP in its judgment from June 28. In anticipation of the completion of a "fair process" that includes a sufficient public engagement process, which the court found had not been done before the 7 June announcement of the ZEP termination, the court extended the permits for 12 months from June 28, 2023.
A ruling overturning the government's decision to abolish the Zimbabwean Exemption Permit system (ZEP), which allows holders of Zimbabwean permits to live in South Africa, was won by the HSF two months ago. "It goes without saying that the basis of the order was that the Minister's decision was unlawful. A condition of the order was to extend the ZEP for twelve months," HSF said in a statement.
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The order will be immediately suspended if the Minister is successful in his application for leave to appeal.
Meanwhile, HSF requested the Minister's consent to prolong the ZEP's extended date so that it won't expire while an appeal is pending in order to maintain the protection the court provided permit holders. Motsoaledi declined, and as a result, HSF requested an order from the court in order to protect ZEP holders' right to stay in South Africa in the interim.
"The suggestion that the HSF has brought an application to prevent the Minister from deporting illegal immigrants is not only malicious but dangerous, coming as it does hard on the heels of incendiary attempts to heap the blame for last week's devastating fire in Johannesburg's city centre not on those truly responsible, but absurdly on NGOs," HSF said in a statement.
"No one should have to be reminded of the role that NGOs have played in this country in protecting rights and fighting corruption and criminality. Coordinated attempts to discredit NGOs and erode the public's trust through lies and misrepresentation are an attack on democracy itself."
The permits allow around 178 000 Zimbabweans to live and work in South Africa.
