An urgent application to defend the rights of South African holders of Zimbabwean Exemption Permits (ZEPs) was denied by the Pretoria High Court.
With uncertainty and worries over ZEP holders’ status, the Helen Suzman Foundation (HSF) filed the application to protect their rights.
The court concluded that the interests of the roughly 178,000 ZEP holders had already been safeguarded by its earlier, historic decision from June.
The June ruling came after a successful challenge by the HSF and the Consortium for Refugees and Migrants in South Africa (CORMSA) against the decision of the Home Affairs Minister to terminate ZEPs. The court ruling overturned the termination decision and granted 12 months of protection for ZEP holders while the Minister conducted a fair and rational inquiry into their status.
The recent court action sought an enforcement order against the Minister who had indicated an intent to appeal the June ruling. The HSF aimed to protect ZEP holders with expiring permits during any ongoing appeal process. However, the court stated that their previous judgment was not a final order but rather intended to preserve the status quo.
The confusion arises from whether the June ruling was temporary or final. The HSF believes that the ruling provided temporary protection while the appeal process was underway, while the court’s interpretation is that it preserved the existing rights of ZEP holders without making a final determination on their status. The South African cites the judges as saying:
The rights of the ZEP holders as stated in the order are not definitive, in that they are subject to the determination by the minister and may be altered when the minister has conducted a fair hearing.
The dismissal of the urgent application has left some uncertainty and concern among ZEP holders about the future of their status and rights in South Africa. They will now have to wait for further legal proceedings and clarification on their immigration status.
The Helen Suzman Foundation issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs, Aaron Motsoaledi, has interpreted the ruling differently. Said the minister:
This judgment must serve as a wake-up call to the affected Zimbabwean nationals to follow the procedures outlined by the minister to regularise their stay in the Republic and forget about false promises.
Practically, this means any Zimbabwean Exemption Permits stay valid until 30 June 2024. ZEP holders may freely travel to and from South Africa and may not be arrested or deported on the basis of holding an expired permit.
The Helen Suzman Foundation has issued a statement welcoming the court’s confirmation that Zimbabwean Exemption Permits (ZEPs) will remain valid until at least June 2024. However, the Minister of Home Affairs has interpreted the ruling differently. The minister stated that affected Zimbabwean nationals should follow the procedures outlined by the minister to regularize their stay in South Africa and not rely on false promises.
This means that ZEP holders can continue to stay in South Africa until June 30, 2024. They are allowed to freely travel to and from South Africa without the risk of being arrested or deported due to holding an expired permit.
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