Rédaction Africa Links 24 with Zimeye
Published on 2024-03-06 19:23:02
Home Affairs Minister Aaron Motsoaledi has taken steps to challenge the Zimbabwean Exemption Permit (ZEP) programme by approaching the Constitutional Court in South Africa. This move comes after the Pretoria High Court’s ruling in June 2023, which deemed the termination of the ZEP as unlawful and unconstitutional.
Despite appealing the ruling, Motsoaledi faced dismissal by the Supreme Court of Appeal due to the lack of prospects for success. Undeterred, the Minister has now turned to the Constitutional Court, seeking adjudication on the same grounds as before.
In the application submitted to the Constitutional Court, Home Affairs director-general Livhuwani Tommy Makhode, as the second applicant after the Minister, is requesting leave to appeal the entirety of the June 2023 judgment from the Pretoria High Court. This judgment mandated the Minister to reevaluate the termination of the ZEP programme and conduct a fair, lawful, and consultative process. However, the Pretoria High Court denied permission to appeal, leading to the involvement of parties like the Helen Suzman Foundation who are expected to oppose the application. They have until March 15 to file their papers.
The ongoing legal battle surrounding the ZEP programme highlights the complexity and sensitivity of immigration policies in South Africa, particularly concerning Zimbabwean nationals. The decision to terminate the ZEP has significant implications for the affected individuals and their livelihoods, prompting legal challenges and debates on the legality and fairness of such actions.
The involvement of the Constitutional Court signifies the importance and impact of this issue on a national level, as it will have far-reaching consequences for both the government and the affected Zimbabweans. The court’s decision will not only determine the fate of the ZEP programme but also set a precedent for future immigration policies and procedures in the country.
As the legal proceedings unfold, stakeholders from various sectors, including advocacy groups, legal experts, and government officials, continue to monitor the developments closely. The outcome of this case will shape the dynamics of immigration laws and regulations in South Africa, particularly concerning the treatment of foreign nationals and the principles of justice and legality.
Overall, Minister Motsoaledi’s decision to pursue the appeal in the Constitutional Court underscores the significance of the ZEP programme and its implications for Zimbabweans residing in South Africa. The outcome of this legal battle will not only impact the individuals directly affected but also shape the broader immigration landscape of the country. It serves as a reminder of the complexities and challenges inherent in managing immigration policies and the importance of upholding fairness, legality, and consultation in such processes.
Read the original article on The Zimbabwe Eye
