Pretoria - The Gauteng High Court, Pretoria heard arguments yesterday, Thursday, from the Helen Suzman Foundation to enforce the court’s June order that the Zimbabwean Exemption Permit (ZEP) remains valid while the Minister of Home Affairs, Aaron Motsoaledi conducts a fair and rational inquiry into the impact of its termination.
The foundation turned to court in a bid to give ZEP holders a lifeline.
“When the minister first signalled his intention to appeal the court’s June 2023 judgment, the foundation asked him to leave the ZEP in place until he exhausted the appeal process. The Minister refused,” said Nicole Fritz, executive director of the foundation.
The court held earlier this month that the minister’s appeal had no prospects of success. Home Affairs then decided to turn to the Supreme Court of Appeal.
The foundation asked that the minister abide by the court’s June judgment, in which the court ruled that he had to go back to the drawing board regarding the permit issue.
“The minister again refused, instead indicating that he planned to continue his appeal by approaching the Supreme Court of Appeal,” Fritz said.
She added that it is in the face of such unyielding resistance which adversely affects the rights of the parties, that they decided to once again approach the court.
“The HSF seeks the court’s intervention once more to relieve the excruciating uncertainty that the minister’s actions present to ZEP holders.”
“Without this application, there is the risk of the court’s June judgment being suspended when the minister lodges his appeal at the SCA. That would mean that the ZEP expires roughly two months from now, on December 31,” Fritz said.
She said without a court order providing certainty to ZEP holders, their future – and that of their children – will depend upon the possibility of the minister granting them further piecemeal extensions.
“Government decision-making of this sort – for ZEP holders and South Africans alike – has no place in a country of laws,” she said.
In the most recent ruling on the matter, the court earlier this month dismissed Motsoaledi’s application for leave to appeal the earlier judgment, which declared his decision to terminate the ZEP programme as unconstitutional.
This meant that the minister had to go back to the drawing board on the issue and that the more than 178, 000 holders of ZEP permits will be safe for now.
But shortly on the heels of the judgment, the minister indicated that he will approach the SCA in a bid to appeal the decision. In law, this meant that the order would be suspended, pending the outcome of the SCA matter, unless the HSF successfully applied for it to be in force in the meantime.
In June, the court granted an order declaring the minister’s decision to terminate the ZEP, to grant a limited extension of 12 months, and to refuse further extensions beyond June this year as unlawful, unconstitutional and invalid.
The minister was directed to reconsider his decision and ensure that any further decision complies with administrative action rights, as contained in the Promotion of Administrative Justice Act.
In particular, the minister must consult with interested NGOs, the public and ZEP holders.
The minister applied for leave to appeal that decision, which was refused by three judges earlier this month.
Pretoria News