- The Helen Suzman Foundation has applied for the suspension of the arrests or deportation of Zimbabwean Exemption Permit holders.
- The application comes amid Home Affairs Minister Aaron Motsoaledi’s pending application to appeal a High Court judgment which found his decision not to renew ZEP permits was unlawful and invalid.
- The foundation said the minister had refused to observe the protections of ZEP holders pending the conclusion of the appeal process.
The application is in response to Home Affairs Minister Aaron Motsoaledi’s application to appeal two Gauteng High Court in Pretoria judgments relating to the permits.
In June, a full Bench of the court found against Motsoaledi on two different issues relating to the ZEPs.
In one, the court found that Motsoaledi’s decision to terminate the ZEP was invalid, unlawful and unconstitutional.
It extended the validity of the permits until June 2024.
The court also ordered in both matters that ZEP holders not be arrested or deported and that permit holders must be allowed to enter or leave South Africa.
The matter was between the department, the HSF and the Consortium for Refugees and Migrants in South Africa.
The organisations had challenged Motsoaledi’s December 2021 decision not to renew the ZEP.
However, Motsoaledi’s spokesperson Siya Qoza said the minister had instructed his lawyers to apply for leave to appeal both judgments because they “set a dangerous precedent”.
On Monday, the HSF said Motsoaledi had refused to observe the protections of ZEP holders pending the conclusion of the appeal process.
It added that this put the permit holders at risk:
The HSF also lamented the online misrepresentation of its application by “shadow organisations”.
It said these misrepresentations, which coincided with its court application, endangered the lives of staff, who it said were South Africans.
Qoza said the department “will respond at an appropriate time”.