Home Affairs Minister, Dr Aaron Motsoaledi said his department will appeal the ruling by the High Court in Pretoria that found the decision by the home affairs department to summarily terminate the Zimbabwean Exemption Permit (ZEP) was unlawful, unconstitutional and invalid.
Motsoaledi said he would be challenging the High Court in Pretoria’s verdict which ruled against him in a case against the Helen Suzman Foundation (HSF), Consortium for Refugees and Migrants in South Africa (CORMSA), the All Truck Drivers Forum and Allied of South Africa (ATDFASA) and the Zimbabwe Immigration Federation.
Additionally, the minister will also be challenging the court’s ruling in the matter of the Zimbabwe Immigration Federation and his department.
“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,” Motsoaledi’s spokesperson Siya Qoza said.
“The finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act (PAJA) 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,” he said.
“The decision that the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations which falls within the domain of the executive.”
He said the judgment also deals with matters relating to a “sacrosanct” principle of separation of powers.
“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,” said Qoza.
A full bench of the high court this week ruled that holders of the Zimbabwe Exemption Permit must be allowed to enter or leave South Africa, and may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act.
The court extended the lifespan of the Zimbabwe Exemption Permit for a further 12 months, until June 2024.
Additionally, the high court also granted an interim interdict which restrains government agencies from detaining or deporting holders of the Zimbabwe Exemption Permit.
Qoza said the purpose of the court directive was vexing.
“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,” Qoza said.
“The last minister’s immigration directive was issued on 7 June 2023. Since the Minister took the decision, no Zimbabwean national has been threatened in any manner whatsoever and/or deported,” he said.
“They continue to enjoy freedom of movement between South Africa and Zimbabwe and anywhere, as pleaded in the affidavits filed in court on behalf of the minister showing significant movements to and from Zimbabwe by the affected Zimbabwean nationals and their families.”
The Department of Home Affairs highlighted that many affected Zimbabwean nationals continue to apply for other visas and waivers in large numbers as provided for in the Immigration Act 13 of 2002.
“The minister has already instructed the legal representatives to launch an application for leave to appeal against the judgments and orders of the court without any further delay,” said Qoza.
“The minister would like to take this opportunity to assure the nation that he will do everything in his power to ensure that the immigration laws of the Republic of South Africa are enforced without fear or favour.”
On Thursday, IOL reported that organisations that help and support Zimbabwean citizens living in South Africa have on the other hand responded favourably to the high court’s judgment.
The Zimbabwe Exiles Forum (ZEF), an organisation established by Zimbabwean political and economic refugees residing in South Africa, has expressed its approval of the court's ruling.
They anticipate that Motsoaledi will engage in discussions with pertinent parties to find a mutually agreeable solution moving forward.
Advocate Gabriel Shumba from the ZEF said that they welcomed the decision as evidence of the rule of law in SA and an indicator of the country's constitutionalism.
“We hope that this small group of people, who have given so much to the economy and have tried to comply with the laws, will not be sacrificed on the altar of political correctness,” said Shumba.
IOL