Temporary Relief for Zimbabwe Exemption Permit (ZEP) Holders in South Africa

Zimbabweans living in South Africa received a temporary relief on Monday when the Gauteng High Court Division in Pretoria dismissed Home Affairs Minister Aaron Motsoaledi's application for leave to appeal a High Court ruling. 

According to report, the initial High Court judgment, issued on June 28, 2023, declared the minister's failure to consult with ZEP holders, relevant non-governmental organizations, and the public as unlawful, unconstitutional, and invalid. This decision effectively reinstated the status of ZEP holders for an additional 12 months.

Motsoaledi’s application for leave to appeal the judgment, citing the Helen Suzman Foundation, the Consortium for Refugees and Migrants in SA, the All Truck Drivers Forum, and Allied South Africa as respondents, was declined by the High Court. He argued that his decision was not subject to review under the Promotion of Administrative Justice Act (PAJA) as it was not considered administrative action. Motsoaledi further contended that the order violated the doctrine of the separation of powers.

In the High Court judgment, it was found that the minister's application for leave to appeal was bound to fail due to the lack of evidence or incontrovertible significance of the issues in question. The court pointed out that the minister's decision was made before consulting with ZEP holders, NGOs acting on their behalf, or the public. Also, the court noted that Motsoaledi's powers had not been compromised through the temporary court orders granted against him. This decision provides temporary relief for ZEP holders in South Africa.