SOUTH Africa’s Home Affairs Minister, Dr Aaron Motsoaledi has said he has taken note of the Pretoria High Court ruling that set aside his decision not to extend the lifespan of the Zimbabwe Exemption Permits (ZEP). In a statement, the minister said his team is still studying the full judgment pending further action. “The Minister of Home Affairs is aware of the two full court judgments issued by the High Court, Gauteng Division, Pretoria, delivered on 28 June 2023. The minister is still studying the two judgments and taking legal advice on them,” read the statement. “He will in due course respond fully to them. In the ensuing communication he will outline further steps that will be taken, including appeals (if any)”. There are close to 170 000 Zimbabweans living and working in South Africa under ZEP. In 2021, South Africa’s Cabinet resolved not to extend the permits further. They announced that the permit holders should migrate to mainstream permits and that those who will fail to make it should depart by June 30 this year. However, the Home Affairs ministry extended the grace period to December 31. Pretoria High Court Judges, Colleen Collis, Gcina Malindi and Anathi Motha made the landmark ruling on Wednesday. The three judges said the Home Affairs’ decision was unlawful and invalid. “The first respondent’s decision to terminate the Zimbabwe Exemption Permits (ZEP), to grant the ZEP holders limited extension of the ZEP of only 12 months, and to refuse further extension beyond 30 June 2023 as communicated in directive 1 of 2021, as published as GN 1666 in Government Gazette 4527 of 7 January and 2 September 2022 and the accompanying press statement is declared unconstitutional, unlawful and invalid,” read part of the ruling. “The first respondent referred to in paragraph 147 is reviewed and set aside”. The judges also directed the Home Affairs Minister to reconsider his decision following a fair process that complies with the law. In addition, the court directed that the existing ZEPs shall be deemed to remain valid for the next 12 months. Further to that, the ZEP holders will continue to enjoy the protections afforded by Immigration directive 1 of 2021. These include that they cannot be detained, arrested or deported, depart and enter due to the state of their immigration status. “No holder of the exemption should be required to produce a valid exemption certificate or authorisation letter to be in South Africa,” says the ruling. “First respondent and any other parties opposing the application, are directed to pay the costs, jointly, severally, the one paying the other to be absolved”. Following the announcement, to terminate the ZEPs in 2021, several migrant groups including the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa, the Zimbabwe Immigration Federation took the South African government to court. A Zimbabwean, Advocate Simba Chitando also made a similar application, arguing that the resolution by the Cabinet would negatively affect the migrants who had been in South Africa for over a decade. In addition, the application also seeks to have the decision by the Home Affairs Minister, Dr Motsoaledi and his subordinates to be set aside and allow the ZEP holders more time to fix their documents. bickett nude Yazmin jauregui A decision is yet to be made with regards to Adv Chitando’s application. – The Chronicle
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