ZEP Holders Win Round: Minister of Home Affairs Faces Court Showdown in ZA
Colaboradores
Zimbabwean Exemption Permit (ZEP) holders have secured another legal victory against South Africa's Minister of Home Affairs, but the fight to remain in the country is far from over. The Supreme Court of Appeal (SCA) has upheld an interim interdict preventing the arrest and deportation of ZEP holders, offering a temporary reprieve to approximately 180,000 individuals.
The Heart of the Matter: Ministerial Power vs. Parliamentary Authority
The core legal question revolves around whether the Minister of Home Affairs has the authority to terminate the ZEP regime, or if such a decision rests solely with Parliament. The Zimbabwe Immigration Federation argues that only Parliament can revoke the constitutional rights afforded to ZEP holders. They contend that the Minister acted unlawfully in believing that terminating the ZEP regime would automatically lead to deportation, violating the principle of “non-refoulement”.
A Complex Legal History
The legal battle surrounding the ZEP regime has a convoluted past. In June 2023, the Gauteng High Court in Johannesburg addressed two related cases concerning the Minister's attempt to terminate the ZEP. In one case brought by the Helen Suzman Foundation (HSF), the court ruled in their favour, deeming the Minister’s decision unlawful. The court mandated the Minister to reconsider the decision following a “fair process” and granted temporary protection to ZEP holders.
The Zimbabwe Immigration Federation pursued a slightly different path, securing an interim interdict (Part A) to prevent immediate arrests and deportations. The current SCA ruling maintains this interdict while the Federation continues its legal challenge, seeking a definitive ruling on the Minister's authority.
The ZEP was initially introduced in 2009 to manage the influx of Zimbabweans entering South Africa. Its future remains uncertain, pending further court proceedings and a potential showdown between the Minister of Home Affairs and Parliament.
- ZEP holders secure interim interdict.
- Debate centres on Ministerial vs. Parliamentary power.
- Legal battle continues in South African courts.