The Zimbabwean Exemption Permit (ZEP) holders in South Africa are facing uncertainty once again as the expiration date for their permits draws near. In a bid to prevent a potential human catastrophe, the Helen Suzman Foundation (HSF) has taken the matter to court to secure an execution order that will safeguard the rights of these individuals.
Back in June, the Minister of Home Affairs declared the termination of the ZEP program, affecting approximately 180,000 Zimbabweans. However, the Pretoria High Court deemed this decision unconstitutional and invalid. The court ruled that the permits should remain valid while the minister conducted a fair and rational inquiry into the consequences of their termination.
Despite the court’s ruling, the minister intends to appeal the decision, which would automatically suspend the judgment. Concerned about the uncertain future faced by ZEP holders, the HSF has returned to court this week to seek an execution order that will provide protection until the outcome of the minister’s appeal.
The minister’s request for leave to appeal was previously denied by the Pretoria Court, leading him to consider approaching the Supreme Court of Appeal. Meanwhile, HSF Executive Director Nicole Fritz expressed concern over the minister’s refusal to abide by the court’s ruling during the appeal process. She emphasized the importance of ensuring fair and rational processes for individuals affected by such decisions.
Without the execution order, the June judgment granting protection to the ZEP holders for 12 months will have no force or effect while the appeal is pending, leaving them vulnerable to potential deportation. These individuals, along with their children, may face an uncertain future if the minister grants only piecemeal extensions instead of a comprehensive solution.
The June ruling by Judges Colleen Collis, Gcina Malindi, and Mandlenkosi Motha highlighted the minister’s failure to consult with those affected by the termination of the permit program. This lack of consultation rendered the decision procedurally unfair and irrational. The judges criticized the minister for his disregard for public participation and the failure to assess the impact on ZEP holders and their children.
Nicole Fritz expressed disappointment in the minister’s contemptuous attitude towards the court’s decision, labeling it as a dangerous precedent. She argued that the appeal process could potentially take a year or longer, thereby depriving the ZEP holders of their rights for an extended period. Fritz stressed that the foundation’s court application was necessary to prevent a human catastrophe resulting from the minister’s refusal to respect the court’s judgments.
In response to the foundation’s application, Home Affairs Director-General Livhuwani Makhode stated that the minister was open to issuing further directives regarding the permits if circumstances warranted it. Makhode assured that individuals who had applied for waivers and other visas would be protected as long as their applications were still under review. He denied allegations of a human catastrophe, highlighting that ZEP holders were aware of the temporary nature of the permit regime.
With the judgment now reserved, the future of Zimbabwean Exemption Permit holders in South Africa hangs in the balance. The court’s decision on the execution order will determine whether these individuals can continue to reside legally in the country and enjoy the rights they were granted under the ZEP program.
Stay tuned for further updates on this critical case that carries significant implications for the lives of thousands of Zimbabweans residing in South Africa.
