The former Home Affairs Minister Dr. Aaron Motsoaledi lost his final appeal to deport 178,000 Zimbabwean exemption permit (ZEP) holders after failing to adequately consult the permit holders.
The Constitutional Court has held that Motsoaledi failed to adequately consult the permit holders and granted an interim interdict which halts the government from detaining or deporting any holder of the permit. Motsoaledi’s defeat comes after the Gauteng High Court in Pretoria declared in June 2023 that his decision to terminate the ZEP was unlawful, unconstitutional, and invalid.
Motsoaledi was challenged by the Helen Suzman Foundation (HSF), which argued that ZEP holders, who have lived in South Africa legally for almost fifteen years, are entitled to a fair process, due consultation, and clear reasons.
The ZEP is a special permit that grants its holders and their children temporary legal status to live, work, and study in South Africa. It was introduced by the government to cope with the influx of undocumented Zimbabweans.
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