The Pretoria High Court has ruled the government’s decision to terminate the Zimbabwe Exemption Permit (ZEP) is ‘unlawful, unconstitutional and invalid’.
It has also interdicted the South African Police Service and the Department of Home Affairs officials against arresting and deporting permit holders.
Two court rulings, handed down on Wednesday, grant a reprieve to approximately 178 000 ZEP holders who have lived and worked legally in South Africa for almost fifteen years.
According to the ruling, the minister must make a fresh decision regarding the ZEP permit that follows a fair process in terms of the Promotion of Administrative Justice Act, within the next 12 months.
Nicole Fritz, executive director of the Helen Suzman Foundation, which filed an application challenging the Home Affairs minister Aaron Motsoaledi’s decision to end the permit system, has welcomed the judgment.
“Today’s decision holds that the decision to terminate the ZEP is unlawful, unconstitutional and invalid. That decision is remitted back to the Minister for fresh decision, following a fair process compliant with the requirements of administrative justice,” Fritz said.
She emphasised that the ruling made it clear that “at stake are matters both of enormous consequence but also striking ordinariness”.
“The judgment is of huge significance for approximately 178 000 ZEP holders who have lived in South Africa perfectly legally for almost fifteen years, finding that they are entitled to fair process, due consultation and clear reason, demonstrating good cause, when decisions of calamitous intent are made regarding their lives and livelihoods,” Fritz said.
She said the decision was also one of ordinariness because “our laws and Constitution have long been clear” on these issues.
“Where the exercise of public power will have drastic effect on the rights, lives and livelihoods of any persons, it cannot rationally be made without affording the affected persons an opportunity to make representations,” 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.”
In the second case filed by the Zimbabwe Immigration Federation (ZIF) against Motsoaledi and police minister Bheki Cele, the court granted an order interdicting the respondents from arresting, issuing an order for deportation, or detaining ZEP holders, who must be permitted to enter or leave SA provided they meet all other requirements.
The Department of Home Affairs said in a statement that the minister is aware of the judgments and is seeking legal advice.
“The Minister is still studying the two judgements 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),” the department said.
