South African Court Reserves Judgment in Zimbabwe Permit Case

The High Court in Pretoria has reserved judgment in the case brought by the Zimbabwean Exemption Permit Holders (ZEPHA) and other civil society organisations against the state.

The groups, which include the Helen Suzman Foundation, are mounting a legal challenge over the South African government's decision to terminate the Zimbabwean Exemption Permit (ZEP) system without consultation, Ciaran Ryan of GroundUp reports. The Foundation argued in court that the decision should be sent back to Home Affairs Minister Aaron Motsoaledi for proper consultation.

The lapsing of the Zimbabwean Exemption Permit (ZEP) system was a political decision, and does not take away the rights of ZEP holders, the South African government argued in response. Advocate Ismail Jamie, counsel for home affairs minister, told a full bench of the Pretoria High Court on April 12, 2023 that there was no decision to terminate the ZEP system. Rights that were temporarily conferred in the first place had been allowed to lapse through the passage of time, he said. No rights had been taken away.

On Thursday April 13, lawyers for the Zimbabwe Immigrants Forum told the court that the home affairs minister had acted outside his powers by scrapping the ZEP system.

Blanket visa exemptions for Zimbabweans illegally in SA were introduced in 2009 under the Dispensation of Zimbabweans Project (DZP). That gave legal status to about 250,000 Zimbabweans who had fled political and economic instability at home. It allowed them to live, work, study and open businesses in SA. This scheme was extended and renamed the Zimbabwean Special Permit (ZSP) in 2014 and the ZEP in 2017.

Motsoaledi suspended the ZEP system in November 2021, extended it until December 2022, and then extended it again to June 30, 2023. This was to give ZEP holders more time to apply for alternative permits, failing which they are at risk of deportation or voluntary repatriation to Zimbabwe.

The outcome of this case will have a huge impact on South Africa-Zimbabwe relations should the 178,000 permit holders be forced to leave South Africa.