ZIMBABWE Exemption Permit (Zep) holders scored yet another victory after the South African Constitutional Court (ConCourt) dismissed an appeal by Home Affairs minister Aaron Motsoaledi against a High Court ruling in favour of the restoration of the permits.
The ConCourt asserted the right of holders of Zep to just administrative proceedings and formally rejected Motsoaledi’s appeal.
The decision was made in response to challenges filed under the Promotion of Administrative Justice Act, 2000 by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa against Motsoaledi’s decision to end the Zeps.
The minister’s decision was challenged on the grounds that it was illegal and unconstitutional.
The challenge affected some 178 000 Zimbabwean citizens who currently are holders of Zeps.
In a statement yesterday, the Helen Suzman Foundation and the Consortium for Refugees said the ConCourt affirmed that changes would be made once a new government is formed.
“The Constitutional Court dismissed an application by the Minister of Home Affairs for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit (Zep) had been unlawfully terminated.
“That June 2023 judgment was unequivocal in holding that the minister is obliged to follow a fair consultation process, which duly considers the rights of those affected by terminating the Zep, before he be lawfully allowed to do so.
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“The Constitutional Court’s order affirms with finality that these most basic legal duties bind the minister, notwithstanding changes in office that may occur once a new government is formed, when deciding the Zep’s future.
“It is a vital affirmation for Zep holders and South African citizens alike that principles of fair hearing and rational government are indispensable to our constitutional democracy.”
