THE South Africa Minister of Home Affairs failed to consider the Constitutional rights of children born and raised in South Africa in the decision to scrap the Zimbabwean Exemption Permit (ZEP).
This is according to the advocate representing ZEP holders in the case challenging the government’s decision. The advocate highlighted that for many of these children, “South Africa is the only country they know.” He was speaking at an event in Cape Town last Wednesday with other lobby organisations and ZEP holders. The event was organised by the UCT Refugee Rights Unit and the Centre for European Policy Studies.
In November 2021, Cabinet announced that it will no longer extend the validity of the ZEP. Initially the permit was to expire in December 2021, leaving almost all of the 180 000 permit holders undocumented. But advocacy groups intervened and government granted a 12-month grace until December 2022, which was again extended to June 2023. This was to give more time for people to apply to remain in South Africa on a critical skills permit, though very few ZEP holders meet the stringent critical skills criteria.
The Zimbabwean Exemption Permit Holders Association (Zepha) first lodged court action against Home Affairs. Advocate Simba Chitando, filed the papers in the Gauteng High Court in October, requesting the government grant ZEP holders permanent residency.Then the Helen Suzman Foundation (HSF) and the Zimbabwe Immigration Federation initiated court action against Home Affairs Minister Aaron Motsoaledi, in a bid to overturn the decision. Other groups giving their backing in the litigation include the Consortium for Refugees and Migrants in South Africa (CORMSA), Scalabrini Centre and the UNHCR.
Last Wednesday, one of the advocates for the applicants in the HSF court bid told GroundUp that the case is set to be heard at the High Court in Pretoria from 11 to 14 April.
“The core relief is to get the decision to terminate the ZEP set aside and that some form of interim measures be in place to protect ZEP holders until the minister can take a proper decision,” he said.
The advocate added that the Allied Strikers Forum of South Africa and Operation Dudula were trying to join the state as respondents in the case. — allafrica.com/GroundUp
