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[1]             Since 2000, a substantial number of Zimbabwe nationals have come to South Africa. Some claim the protection of South Africa as refugees and asylum seekers; some have left Zimbabwe complaining of systemic discrimination; and others are likely to be economic migrants. The South African authorities lacked the administrative capacity to determine the status of so many migrants, and to make decisions concerning their rights. From 2009, the first appellant, the Minister of Home Affairs (the Minister) has exercised powers under s 31(2) of the Immigration Act 13 of 2002 (the Immigration Act) to permit some 180 000 undocumented Zimbabweans to remain lawfully in South Africa. This was done under successive permitting regimes, the most recent of which is the Zimbabwe Exemption Permit (ZEP, and in the plural ZEPs).

[2]             In November 2021, the Minister announced that he would not be extending the ZEP regime, and ZEPs were due to expire on 31 December 2021. On 29 December 2021, however, the Minister issued Immigration Directive No 1 of 2021 extending the ZEPs for a further 12 months to permit holders to apply for visas under the Immigration Act. This extension was preceded by an announcement issued by the Cabinet, on 24 November 2021, that the ZEP dispensation would not be renewed. A grace period of 12 months would be given to allow Zimbabwe nationals who had enjoyed exemptions under the ZEP regime to regularise their status in terms of the Immigration Act, hence the Immigration Directive No 1.

[3]             The respondents, Mr Magadzire and the Zimbabwe Immigration Federation NPC brought proceedings in the high court (Gauteng Division, Pretoria) to review the decision of the Minister not to renew the ZEP regime. Mr Magadzire is a Zimbabwean who lives and works in South Africa. The Zimbabwe Immigration Federation NPC (the Federation) is a voluntary association of ZEP holders and their immediate family members. The proceedings in the high court were brought in the interests of Mr Magadzire and the Federation, its members, and in the public interest. I shall refer to the respondents collectively as the Federation.