The termination of the Zimbabwean Exemption Permit (ZEP) was declared unlawful and unconstitutional by the high court on Wednesday, while existing ZEPs were deemed to be valid for the next 12 months.
The department of home affairs was going to terminate the permits of all 178,000 current holders on June 30. That would have “placed all these [people's lives] in jeopardy”, said a full bench of the Pretoria high court on Wednesday.
The entire matter is being sent back to the minister of home affairs for reconsideration, and must be done according to a fair process that complies with administrative law processes.
The court dismissed the department of home affairs’ reliance on budgetary constraints and criticised the lack of any evidence presented to the court to justify limiting permit holders’ rights.
For now, ZEP holders have a further 12 months’ grace as a result of the court order.
Home affairs and other opponents were ordered to pay the legal costs of the Helen Suzman Foundation and the Consortium for Refugees and Migrants, which represented the permit holders.
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