South Africa’s Department of Home Affairs on Friday said “It welcomes” the withdrawal of the application filed in court by African Amity NPC and Zimbabwe Permit Holders Association.
The department said the matter was registered as case no. 51735/21, and was withdrawn on 14 June 2022.
“The matter involved the challenge in court of the decision of the minister of home affairs not to extend the exemptions granted to Zimbabwean nationals,” said the department.
“The department is happy that at long last sense seems to have prevailed. As indicated before, the department’s doors are always open for constructive engagement with the affected Zimbabwean nationals.”
However, the Helen Suzman Foundation (HSF) has launched legal action challenging the decision to terminate the Zimbabwean Exemption Permit (ZEP).
This special dispensation regime has offered legal protection to approximately 178 000 Zimbabwean nationals allowing them to live, work and study in South Africa.
The move by the HSF has drawn the ire of SA Home Affairs Minister Dr. Aaron Motsoaledi.
Earlier this week the minister said: “There’s a disturbing and growing trend by some NGOs to sabotage the polycentric and policy-laden decisions taken by government by using the courts”.
He added: “This development must be nipped in the bud as soon as possible”.
Dr. Motsoaledi said since the announcement of the decision not to extend the exemption granted to Zimbabwean nationals, he has engaged with several members of civil society with a view to managing the consequences of his decision collectively.
The SA Home Affairs said: “This time around, the HSF was conspicuous by its silence. Little did the minister know that the HSF was behind the scenes planning the so-called ‘public interest’ court action.”
On Friday, the Council for the Advancement of the South African Constitution (CASAC) entered the fray accusing Dr. Motsoaledi of trying to “intimidate” civil society and NGOs.
“Civil society will not be brow-beaten and intimidated into retreat. The rights guaranteed in the Constitution must be respected by all,” CASAC said.
“CASAC calls on President Ramaphosa to rebuke the minister for this gratuitous outburst, ensuring that he withdraws the offensive attack and duly apologises to the civil society sector in South Africa.”
Dr. Motsoaledi is on record as saying the decision to terminate the ZEP permits for Zimbabweans was taken by the SA Cabinet as a whole.
HOME AFFAIRS MINISTER DR. AARON MOTSOLEDI FULL STATEMENT ON HSF COURT ACTION
