ZEP Termination Declared Unlawful, Unconstitutional, Invalid

The Pretoria High Court has declared the decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit (ZEP) programme as unlawful and unconstitutional. The court has directed the minister to reconsider the issue following a fair process that complies with relevant laws.

The judges said the minister made no attempt to solicit representations from those affected before he took the decision, rendering the decision procedurally unfair and irrational. They also said no attempt was made to assess the impact on ZEP holders and their children. They said:

As a decision of this consequence impacts over 178,000 permit holders, it would have required proper information on who would be affected, to what degree and what measures were in place to ameliorate this impact.

It further requires a careful assessment of the current conditions in Zimbabwe.

Before this court, there is simply no admissible evidence from the Minister on whether he took these considerations into account and how.

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The case was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa after the minister announced the end of the programme in 2021.

What now?

The judges granted an interdict, stopping any action being taken against ZEP holders, pending a review of the minister’s decision.

Pending the outcome of that process, the permits will remain valid for another 12 months until the end of June 2024, and ZEP holders will be protected from arrest and deportation.

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