Why Department of Home Affairs will appeal ruling on ZEP
The Department of Home Affairs says Minister Aaron Motsoaledi has already instructed legal representatives to launch an application for leave to appeal against the judgements and orders of the Gauteng High Court in Pretoria regarding the Zimbabwean Exemption Permits (ZEP). The High Court declared that Motsoaledi’s decision to terminate the ZEP was unlawful, unconstitutional and invalid. The […]
The Department of Home Affairs says Minister Aaron Motsoaledi has already instructed legal representatives to launch an application for leave to appeal against the judgements and orders of the Gauteng High Court in Pretoria regarding the Zimbabwean Exemption Permits (ZEP).
The High Court declared that Motsoaledi’s decision to terminate the ZEP was unlawful, unconstitutional and invalid. The court found that the process was unfair in that the Minister failed to consult ZEP holders.
LATEST ON THE COURT RULING ON ZEP
Home Affairs Minister, Motsoaledi announced the termination of the ZEP in late 2022 and further issued a 12-month grace period for the permit holders to apply for suitable permits or face deportation.
In September 2022 Motsoaledi issued a directive extending the validity of exemption permits issued to the Zimbabwean nationals to 30 June 2023 and these have been extended to 31 December 2023.
The Helen Suzman Foundation challenged the decision to scrap the ZEP. The matter was heard earlier this year and a judgement was handed down on Wednesday, 28 June..
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Motsoaledi’s spokesperson Siya Qoza said that the Minister believes the decision he took to scrap ZEPs was correct and took into consideration all the interests and rights implicated including those of children.
Qoza said it is not clear as to what the purpose of the interdict is when in fact Motsoaledi issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protection afforded by the directives.
“The last Minister’s Immigration Directive was issued on 7 June 2023. Since then, no Zimbabwean national has been threatened in any manner whatsoever and/or deported. They continue to enjoy freedom of movement between South Africa and Zimbabwe and anywhere, as pleaded in the affidavits filed in court on behalf of the Minister showing significant movements to and from Zimbabwe by the affected Zimbabwean nationals and their families,” he said.
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