ConCourt dismisses Home Affairs appeal on ZEPs
The Constitutional Court has dismissed an appeal by Home Affairs Minister Aaron Motsoaledi against a Pretoria High Court judgment.
The judgment held that the termination of the Zimbabwean Exemption Permit was unlawful without fair consultation.
In June 2023, a full bench of the High Court in Pretoria criticised the department for not following proper procedure in terminating the regime, which allows more than 178,000 Zimbabweans to stay and work in South Africa.
The Helen Suzman Foundation challenged Motsoaledi's decision to terminate the ZEPs in April last year.
In a statement issued on Wednesday, the HSF confirmed the dismissal of Motsoaledi’s appeal by the apex court.
"Yesterday (Tuesday), the Constitutional Court dismissed an application by the Minister of Home Affairs for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit had been unlawfully terminated,” the organisation said.
"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."
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