By Ground Up

• The Constitutional Court dismissed an application for leave to appeal a ruling that the ZEP programme had been unlawfully terminated.
• The court ordered the home affairs minister to meaningfully consult with the affected permit holders.
• The matter was brought to court by the Helen Suzman Foundation.

SOUTH Africa’s Constitutional Court dismissed an application by the home affairs minister for leave to appeal a June 2023 Gauteng High Court in Pretoria ruling that the Zimbabwean Exemption Permit (ZEP) programme had been unlawfully terminated.

The court ordered the minister to meaningfully consult with the 178 000 affected permit holders, according to GroundUp.

The matter was brought to court by the Helen Suzman Foundation, which argued that the minister had not taken into account the profound impact of the termination of the ZEP programme on those who had been living and working in South Africa, legally, for more than a decade.

The Supreme Court of Appeal previously refused to entertain then home affairs minister Aaron Motsoaledi’s attempt to appeal the ruling.

READ | Motsoaledi’s draft immigration policy could fuel xenophobia, charge rights bodies

In a unanimous decision, it simply refused leave to appeal, making no order as to costs.

In a statement this week, the foundation said: “The June 2023 judgment was unequivocal in holding that the minister is obliged to follow a fair consultation process, which duly considers the rights of those affected by terminating the ZEP, before he be lawfully allowed to do so.

“The Constitutional Court’s order affirms with finality that this most basic of legal duties binds the minister, notwithstanding changes in office that may occur once a new government is formed, when deciding the ZEP’s future,” the foundation said.

“It is a vital affirmation – for ZEP holders and South African citizens alike – that principles of fair hearing and rational government are indispensable to our constitutional democracy.”