Cape Town – Minister of Home Affairs Aaron Motsoaledi is reviewing a judgment from the Pretoria High Court that declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) programme as unconstitutional.
The court on Wednesday declared the government’s decision not to renew temporary residency permits of nearly 180 000 Zimbabweans living and working in the country “unlawful, unconstitutional and invalid”.
The government granted four-year visas to around 178 000 Zimbabweans fleeing economic and political crises at home in 2009, following violent elections.
The visas have been repeatedly extended.
But in 2021 the government said there would be no further extension after December 2022, opening the way for a mass expulsion of workers.
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A South African rights and democracy NGO, the Helen Suzman Foundation, then took the government to court challenging the decision to terminate the permits.
The court ruled the government’s decision “unlawful, unconstitutional and invalid”.
Itt referred the matter back to the minister, urging him to consider it again through a fair process that complies with relevant legislation.
The home affairs ministry said in a statement that Motsoaledi will announce “further steps that will be taken, including appeals”.
The Helen Suzman Foundation hailed the judgment as being of “huge significance” for the permit holders “who have lived in South Africa perfectly legally for almost fifteen years”.
South Africa, the continent’s most industrialised economy, is a magnet for economic migrants searching for better job prospects.
But President Cyril Ramaphosa’s administration is under pressure to create jobs for South Africans as the country buckles under 32.9 percent unemployment, one of the highest rates in the world.
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Compiled by Betha Madhomu
Additional information by AFP