Pretoria – The SA Department of Home Affairs is going to seek leave to appeal the Pretoria High Court ruling that found that discontinuing the Zimbabwe Exemption Permits was unlawful.
On Wednesday the court ruled in favour of the Helen Suzman Foundation (HSF), which challenged the December 2021 decision that the ZEP would not be renewed.
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“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,” the department said Thursday.
“The Minister has carefully studied the judgment and has taken legal advice on it.”
The department said the two judgments cannot go unchallenged as they set a dangerous precedent in that :
- 3.1. 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.
- 3.2. 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.
- 3.3. 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 department said.
“The Minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children. Zimbabwean Immigration Federation – Interim Interdict
“The Minister will be challenging the outcome of this matter on appeal on the same basis as outlined above.”
The court also issued an interdict preventing the department from acting against ZEP holders.
However, the department sad it was “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”.
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,” the department said.
The department added: “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.
“Furthermore, 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 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.”
A full bench delivered the judgments in Helen Suzman Foundation (“HSF”) v Minister of Home Affairs (“Minister”) with the Consortium for Refugees and Migrants in South Africa (“CORMSA”) and All Truck Drivers Forum and Allied of South Africa (“ATDFASA”) joined as intervening parties and Zimbabwe Immigration Federation v Minister of Home Affairs and Others.
