South Africa’s Home Affairs Minister, Aaron Motsoaledi, has faced a setback in his efforts to overturn a court ruling that protects Zimbabwean Exemption Permit (ZEP) holders.
The Supreme Court of Appeal (SCA) in Bloemfontein rejected his appeal, upholding the judgment by the High Court in Pretoria that invalidated his 2021 decision to terminate the ZEP program.
The High Court ruling, issued in December 2023, deemed the minister’s decision unlawful and also imposed an interim interdict preventing the government from detaining or deporting any ZEP holder.
Minister Motsoaledi argued that these judgments set a dangerous precedent, prompting him to appeal to the SCA.
However, the appellate court found no merit in his arguments, concluding that there was no reasonable prospect of success in an appeal.
“The application for special leave to appeal is dismissed with costs on the grounds that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard,” the SCA ruled.
This decision offers a temporary reprieve for the estimated 178,000 Zimbabweans who hold ZEPs, allowing them to continue living and working in South Africa until at least June 2024.
While the future of the ZEP program remains uncertain, this ruling provides much-needed stability for those affected.
It is not clear whether Minister Motsoaledi will pursue further legal challenges. But SCA’s decision stands as a significant victory for ZEP holders and their advocates.
