Following a careful evaluation of the Zimbabwean Exemption Permit (ZEP) judgments handed down by the Gauteng High Court on Wednesday, Home Affairs Minister Dr Aaron Motsoaledi has decided to challenge both rulings on appeal.

The first ruling said Motsoaledi’s decision not to renew the ZEP, whose expiration deadline was extended to December 2023, was invalid. This court action was brought by the Helen Suzman Foundation.

The court also ruled in favour of the Zimbabwe Immigration Federation that the Minister could not arrest or deport ZEP holders.

The Minister contends that the two judgments set a dangerous precedent.

He questioned the court ruling that he should have held consultations on the matter before making his decision to end the ZEP. 

Motsoaledi contends that he made his decision to not renew the ZEP after weighing policy considerations and argued that he was rightfully acting within his domain in the executive. The latter will be the basis of his appeal.

The Minister also alluded to the ambiguity pertaining in the Zimbabwean Immigration Federation judgment. 

He noted his recent efforts at issuing directives to ensure that affected Zimbabwean nationals continue to enjoy their freedom of movement between Zimbabwe and South Africa.

“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,” said Home Affairs spokesperson Siya Qoza.