Pretoria – Home Affairs Minister Dr. Aaron Motsoaledi on Wednesday said he was studying the Pretoria High Court ruling, which declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) programme as “unlawful and unconstitutional”.
Earlier Wednesday, the court directed the minister to reconsider the issue following a fair process that complies with relevant laws.
The judges said the minister did not attempt to solicit representations from those affected before he took the decision, rendering the termination of the ZEP programme procedurally unfair and irrational.
The court was also scathing over the lack of consideration of the effect on children when deciding to terminate the ZEP programme,
Reacting to the ruling the department said the Minister of Home Affairs was “aware of the two full-court judgments issued by the High Court, Gauteng Division, Pretoria, delivered today, 28 June 2023”.
The department added: “The Minister is still studying the two judgments and taking legal advice on them. He will, in due course, respond fully to them.
“In the ensuing communication, he will outline further steps that will be taken, including appeals (if any)”.
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About 180 000 Zimbabweans living in South Africa are holders of ZEPs.
The matter was brought to court by the Helen Suzman Foundation after the minister ended the ZEP on 31 December 2021.
Commenting on the ruling, Helen Suzman Foundation Executive Director Advocate Nicole Fritz said: “In its restatement of this fundamental principle of our law, the court upholds and safeguards the rights not only of ZEP holders but of every South African”.
