SA Supreme Court dismisses appeal to dismiss ZEP permits judgement
The Helen Suzman Foundation (HSF) has welcomed the Supreme Court of Appeal’s decision to dismiss the SA government’s application to set aside the High Court judgement on the unlawful termination of the Zimbabwean Exemption Permit (ZEP).
HSF is one of the Non-governmental organisations (NGOs) in South Africa that have been at the forefront in defending ZEP holders since the expiration of the permits a few years ago.
On Friday, 16 February, the Supreme Court dismissed the SA Department of Home Affairs’ (DHA) application to set aside the High Court judgement, which means that the Pretoria High Court’s judgement still stands, unless the matter is referred to the Constitutional Court. HSF said in a statement:
The Helen Suzman Foundation (HSF) notes and welcomes the Supreme Court of Appeal’s decision to dismiss the Department of Home Affairs’ (DHA) application to set aside the High Court judgement on the unlawful termination of the Zimbabwean Exemption Permit (ZEP) on Friday 16 February 2024.
In June 2023, the Pretoria High Court handed down a judgement that declared the DHA’s and Minister Motsoeledi’s decision to terminate the ZEP unlawful, invalid, and unconstitutional.
The SCA’s decision in this regard means that the Pretoria High Court’s judgement still stands unless the matter is referred to the Constitutional Court.
The ZEP permit is therefore valid and allows its holders to continue living in South Africa on the same terms and conditions before its unlawful termination.
Meanwhile, the South African Government, through its Home Affairs Minister Aaron Motsoaledi, on Friday, 01 December 2024 announced two-year exemptions for special dispensation permit-holders from Zimbabwean and Lesotho nationals living and working in South Africa.
The exemption will benefit 178 000 Zimbabweans and more than 50 000 Basotho.
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