He said they cannot go unchallenged as they set a dangerous precedent.
“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.
“The decision the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations which fall within the domain of the executive.”
He said the HSF judgment also deals with matters relating to a sacrosanct principle of separation of powers. The minister believes this is another strong ground for appeal.
Motsoaledi is of the opinion his decision was correct and took into consideration all interests and rights, including those of children.
The minister will also challenge the outcome of the ZIF interim interdict on appeal.
Qoza said the purpose of the interdict was unclear as the minister issued directives to ensure affected Zimbabweans continued to enjoy protections afforded by the directives.
“The last Minister’s Immigration Directive was issued on June 7. Since the minister took the decision, no Zimbabwean national has been threatened in any manner whatsoever and/or deported.
“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.”
He said many of those affected continued to apply for other visas and waivers, as provided for in Immigration Act 13 of 2002.
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Minister to challenge ZEP judgments as ‘they set dangerous precedent’
Image: Trevor Samson
Home affairs minister Aaron Motsoaledi has instructed lawyers to apply for leave to appeal judgments and orders on Zimbabwean Exemption Permits (ZEP).
This week, the high court set aside Motsoaledi’s 2022 decision to terminate ZEPs, saying they were “unlawful, unconstitutional and invalid”.
The court's judgment remits the matter back to the minister “for consideration, following a fair process” and a new decision within a year. This does not mean the minister can never terminate the permits.
A full bench delivered judgments in Helen Suzman Foundation (HSF) v Minister of Home Affairs, with the Consortium for Refugees and Migrants in South Africa (Cormsa) and All Truck Drivers Forum and Allied of South Africa (ATDFASA) joining as intervening parties; and Zimbabwe Immigration Federation (ZIF) v Minister of Home Affairs and Others.
Department spokesperson Siya Qoza said the minister has studied the judgments and taken legal advice.
Sending us back to Zim would be killing us, say ZEP holders as they await Motsoaledi’s next move
He said they cannot go unchallenged as they set a dangerous precedent.
“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.
“The decision the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations which fall within the domain of the executive.”
He said the HSF judgment also deals with matters relating to a sacrosanct principle of separation of powers. The minister believes this is another strong ground for appeal.
Motsoaledi is of the opinion his decision was correct and took into consideration all interests and rights, including those of children.
The minister will also challenge the outcome of the ZIF interim interdict on appeal.
Qoza said the purpose of the interdict was unclear as the minister issued directives to ensure affected Zimbabweans continued to enjoy protections afforded by the directives.
“The last Minister’s Immigration Directive was issued on June 7. Since the minister took the decision, no Zimbabwean national has been threatened in any manner whatsoever and/or deported.
“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.”
He said many of those affected continued to apply for other visas and waivers, as provided for in Immigration Act 13 of 2002.
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