Cape Town - The decision to terminate the Zimbabwean Exemption Permit (ZEP) was “irrational and unreasonable”.
This argument was made by advocate Steven Budlender, representing the Helen Suzman Foundation (HSF) in the High Court in Pretoria, as they are challenging Home Affairs Minister Dr Aaron Motsoaledi’s decision to terminate the ZEP programme and to refuse any further extensions beyond June 30, 2023.
The HSF seeks to review and set aside this decision, in terms of the Promotion of Administrative Justice Act, 3 of 2000 (PAJA) and the Bill of Rights.
“It is just and equitable to set aside the decision and to remit it back to the Minister to make a fresh decision, following a proper, procedurally fair process.
“All parties agreed that a human rights-based approach entitled each ZEP-holder to make representations.
“However, that principle was plainly ignored when the Minister decided to terminate the ZEP programme and to refuse further extensions, without hearing from ZEP-holders or the broader public,” Budlender argued.
He added that for more than 13 years, qualifying Zimbabwe nationals had been granted permission by the Minister of Home Affairs to live, work and study in South Africa.
“In reliance on these permits, ZEP-holders have established lives, families, and careers. ZEP-holders are lawful residents who have made significant contributions to South Africa. They have followed the rules for more than 13 years by applying for exemption permits, paying the required fees, and providing proof of employment, studies, or legitimate businesses. Yet they are now at risk of being left undocumented, with all the vulnerability this entails,” he argued.
The matter continues in court.
Cape Times