Zimbabwe Exemption Permits: Supreme Court Upholds Rights

The recent decision by the Supreme Court of Appeal to uphold an interim interdict in favor of the Zimbabwe Immigration Federation marks a significant legal triumph for nearly 200,000 holders of Zimbabwean Exemption Permits (ZEP). This ruling protects these individuals from arrest and deportation, following a contentious attempt by the Department of Home Affairs to terminate the program that has enabled around 180,000 Zimbabweans to live and work in South Africa since its inception in 2009. The federation argues that the authority to end the ZEP lies with Parliament rather than the minister, which underscores the necessity of a clear legislative framework governing immigration policies. As the federation prepares for Part B of their court battle, the focus now shifts to demonstrating that the Department overstepped its mandate in 2021 when the then-minister Aaron Motsoaledi announced the termination of the permits.

Vindren Magadzire, the director of the Zimbabwe Immigration Federation, emphasized the critical nature of their case, as the outcome substantially impacts the livelihoods of Zimbabwean nationals living in South Africa. The federation’s legal campaign is not just about retaining the existing permits but also seeks a more permanent solution that could include granting permanent residency to ZEP holders, thereby securing their future in a country where they have built lives and contributed to the economy. Magadzire’s appeal to the court reflects a broader call for justice and protection of rights, asserting that the minister’s unilateral decision to terminate the permits is unlawful and should be overturned. The community of ZEP holders views this legal battle as essential for their stability and integration within South African society.

The backdrop of this legal struggle continues to highlight the intersection of immigration policy and human rights in South Africa. Last year, advocacy efforts, including those by the Helen Suzman Foundation, warned against the implications of prematurely terminating the ZEP without comprehensive reviews or fair processes. The foundation’s efforts to uphold the validity of the permits amid the legal proceedings serve as a reminder of the complexities surrounding immigration law and the protections it affords individuals. With the Supreme Court of Appeal’s recent ruling, there is now a reaffirmed urgency for the Department of Home Affairs to address the legal and social dimensions of the ZEP program. As the federation gears up for the next phase of their legal battle, the outcome may set vital precedents for future immigration policies and the treatment of foreign nationals in South Africa.

Summary

The Supreme Court of Appeal has upheld an interim interdict that protects nearly 200,000 holders of Zimbabwean Exemption Permits (ZEP) from arrest and deportation, dismissing the Department of Home Affairs’ attempt to overturn it. The Zimbabwe Immigration Federation initially won this interim relief and plans to argue in a subsequent court session that the 2021 termination of the ZEP by then-Minister Aaron Motsoaledi overstepped legal authority, as they believe only Parliament has the right to end the program that has facilitated Zimbabweans living and working in South Africa since 2009. Federation director Vindren Magadzire advocates for the legality of the ZEP’s existence and seeks to establish permanent residency for ZEP holders, with the current ruling affirming their protection pending completion of the legal proceedings.