Motsoaledi seeking to appeal Zim permit ruling
Home Affairs Minister Aaron Motsoaledi says he will seek to appeal a court interdict against his decision to terminate the Zimbabwean Extension Permit.
On Wednesday, the High Court in Pretoria delivered the judgment which prevents the department from arresting, deporting and detaining anyone who does not have a valid Zimbabwean Extension Permit.
In April this year, the Helen Suzman Foundation applied to challenge Motsoaledi's decision to terminate the ZEPs, affecting about 178 000 Zimbabweans who have lived and worked in SA for over a decade
Motsolaedi spokesperson Siyabonga Qoza says if the ruling is not challenged will set a dangerous precedent in the immigration laws.
"The minister has carefully studied the judgment and has taken legal advice on it, the two judgments cannot go unchallenged as they set a dangerous precedent in that the finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act is highly questionable, particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only. In this instance, the affected Zimbabwean nationals."
Qoza says Motsoaledi will also be challenging the interim interdict against the Zimbabwean Immigration Federation.
"The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children.
"The minister will be challenging the outcome of this matter on appeal on the same basis as outlined above, It is not clear as to what is the purpose of interdict when in fact the minister issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protections afforded by the directives."
Earlier this month, the department decided to extend the grace period of the permits by six months to the end of December.
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