JOHANNESBURG – The beleaguered South African Home Affairs Minister, Aaron Motsoaledi, has announced that his office will apply for leave to appeal against two judgments related to the Zimbabwean Exemption Permit (ZEP) issued by the Gauteng High Court in Pretoria.
The court found Motsoaledi’s decision to terminate the ZEP invalid, unlawful, and unconstitutional in the first judgment. The court stated that the minister did not follow a fair process, including consultation with ZEP holders, before making the decision and did not consider the impact on the affected individuals.
The court set aside the decision and ordered it to be reconsidered following a fair process, declaring that the ZEP would be deemed valid for the next 12 months during this process.
In the second judgment, the court ordered Motsoaledi not to arrest or issue deportation orders for ZEP holders and allowed them to leave and return to South Africa.
Motsoaledi’s spokesperson stated that the minister believes these judgments set a dangerous precedent and that the findings on the applicability of certain sections of the Promotion of Administrative Justice Act (PAJA) and matters relating to the separation of powers are strong grounds for appeal. The minister’s legal team has been instructed to launch an application for leave to appeal against both judgments.
Motsoaledi has expressed his commitment to enforcing South Africa’s immigration laws but believes that the court’s decisions warrant further legal scrutiny.
