In a landmark judgment, South Africa’s Supreme Court of Appeal (SCA) has dismissed an appeal by the Minister of Home Affairs against a Johannesburg High Court ruling on Zimbabwe Exemption Permits (ZEPs). The permits, which benefit approximately 180,000 Zimbabweans, grant a special legal status allowing them to live and work in South Africa.
The SCA’s judgment paves the way for the Zimbabwean Immigration Federation to return to court and argue that only Parliament, not the Minister of Home Affairs, has the authority to determine the continuation or termination of the ZEP regime. The federation argues that ZEP holders and their children enjoy constitutional rights in South Africa, and that limiting these rights requires an act of Parliament.
The SCA rejected the Minister’s attempt to prevent the federation from making its case in court, noting that the federation’s case raises “distinctive grounds of review” that had not been addressed in the Helen Suzman Foundation matter. Judge of Appeal David Unterhalter observed that if the federation’s argument is ultimately upheld, it “would not permit the minister to terminate the ZEP regime” without parliamentary involvement.
The judgment is a significant step forward for ZEP holders, who have been living in uncertainty about their future in South Africa. The SCA’s ruling acknowledges that the federation’s case raises important constitutional issues that need to be addressed. As the Zimbabwean Immigration Federation prepares to return to court, ZEP holders can breathe a sigh of relief, knowing that their rights are being fought for.
The outcome of the upcoming court hearing will determine the future of the ZEP regime and the lives of thousands of Zimbabweans living in South Africa. Will the court rule in favor of the federation, or will the Minister’s decision to terminate the ZEP regime stand? The fate of 180,000 Zimbabweans hangs in the balance.
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