Home Affairs Minister Aaron Motsoaledi has filed a notice of application for leave to appeal to the Supreme Court of Appeal against the High Court in Pretoria’s full bench judgment in the legal challenge to the termination of the Zimbabwean Exemption Permit (ZEP).
The full bench had ruled in favour of the Helen Suzman Foundation and the Zimbabwe Immigration Federation (ZIF) last month, finding that the Minister’s decision to terminate the ZEP was invalid, unlawful, and unconstitutional.
In his application for leave to appeal, the Minister argues that the court failed to take into consideration the context and evidence behind the ZEP before making findings which are “unsustainable”.
He further argues that the interim interdict granted to the ZIF is appealable and it is in the interests of justice to do so as it encroaches on the exercise of statutory powers assigned to the Minister.
The Minister’s application for leave to appeal is still pending, and the court has not yet allocated a date to the matter.
The ZEP was introduced in 2009 to allow Zimbabweans who were living in South Africa illegally to regularise their status. The permit was due to expire in December 2021, but the Minister announced in November 2021 that it would not be renewed.
The Helen Suzman Foundation and the ZIF challenged the Minister’s decision in court, arguing that it was discriminatory and unfair. The full bench agreed with the applicants, finding that the Minister had failed to follow a fair process in making his decision.
The Minister’s decision to appeal the court’s judgment is a setback for the ZEP holders, who have been waiting for clarity on their future status in South Africa. The appeal process could take several months, and it is not clear what the outcome will be.
In the meantime, the ZEP holders remain in limbo, unsure of whether they will be able to stay in South Africa. The appeal process is likely to be closely watched by other migrant communities in South Africa, who are concerned about their own rights.
source: https://www.sabcnews.com/sabcnews/motsoaledi-begins-work-to-appeal-zep-court-ruling/
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