A full bench of the high court has refused the Minister of Home Affair's application for leave to appeal in respect of the Zimbabwean Exemption Permit (ZEP) matter.

In June 2023 the High Court granted an order declaring the Minister’s decision, to terminate the ZEP, to grant a limited extension of 12 months and to refuse further extensions beyond June 2023, unlawful, unconstitutional and invalid. The Minister was directed to reconsider his decision and ensure that any further decision complies with administrative action rights as contained in sections 3 and 4 of the Promotion of Administrative Justice Act, 2000. In particular, the Minister must consult with interested NGOs, the public and ZEP holders. The Minister applied for leave to appeal that decision which has just been refused.

This means that ZEP holders retain their right to live and work in SA for pending the conclusion of any further process and decision by the Minister and for 12 months thereafter.

The Norton Rose Fulbright Impact Litigation Team acted for the Consortium for Refugees and Migrants in South Africa (CoRMSA), who brought the initial challenge to the Minister’s decision, together with the Helen Suzman Foundation. Advocate David Simonsz acted on a pro bono basis for CoRMSA.

Submitted by Norton Rose Fulbright