The South African Constitutional Court has dismissed an appeal by Home Affairs Minister Aaron Motsoaledi who wanted to terminate the Zimbabwean Exemption Permit (ZEP) regime.
The court upheld a previous High Court judgment that found the government’s termination of the ZEP program was unlawful.
The Constitutional Court ruled that Motsoaledi’s appeal had no reasonable prospects of success, effectively ending the government’s bid to overturn the High Court’s decision.
The ruling means that existing ZEPs will remain valid until November 2025, pending the minister’s implementation of a proper decision.
The case was brought by the Helen Suzman Foundation (HSF) and the Consortium for Refugees and Migrants in South Africa after the minister announced the end of the ZEP program in 2021.
The High Court ruled in June last year that the minister had failed to consult with affected parties before terminating the program and that the decision was unfair and irrational.
The judges found that the minister’s failure to assess the impact on ZEP holders and their children, as well as the current conditions in Zimbabwe, made the decision to terminate the program unlawful.
The court ordered the minister to reconsider the termination of the ZEP program, following a fair process that complies with relevant laws.
The HSF launched an urgent application in November 2023 seeking an enforcement order of the June 2023 ruling after the minister indicated his intention to appeal to the Supreme Court of Appeal.
However, the court dismissed the application, stating that the original judgment guaranteed the rights of ZEP holders until at least June 2024, despite the pending appeal.
The Constitutional Court’s ruling is a significant victory for the approximately 178,000 ZEP holders who have been living in limbo since the program’s termination was announced. The ruling ensures that they will not be deported and will continue to have protection under the law.
The HSF welcomed the ruling, stating that it was a significant step towards ensuring the rights of ZEP holders are protected.
“Yesterday, the Constitutional Court dismissed an application by the Minister of Home Affairs (Minister) 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.
“The Constitutional Court’s order affirms with finality that this most basic of legal duties binds 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,” the organisation said in a statement on Wednesday.
Zimbabweans are flocking to South Africa and other countries in search of better economic opportunities, political stability, and a more secure future.
Decades of political turmoil, economic mismanagement, and human rights abuses have left Zimbabwe in a state of crisis, with widespread poverty, unemployment, and infrastructure decay.
