Home Affairs Appeals Court Ruling on Zimbabwean Exemption Permits, Helen Suzman Foundation Opposes

• Home Affairs Minister Dr Aaron Motsoaledi is seeking leave to appeal the Pretoria High Court's ruling regarding ZEPs
• The minister believes the court was wrong to declare the department's decision to scrap the permits unlawful and unconstitutional
• The Helen Suzman Foundation argued against the minister's leave to appeal bid, saying it has no chance of succeeding

PRETORIA - Minister of Home Affairs Dr Aaron Motsoaledi wants to appeal the Gauteng High Court in Pretoria judgment regarding the Zimbabwean Exemption Permits.

The minister will approach the High Court on Monday, 18 September.

High Court rules termination of ZEP is unlawful

In June this year, the High Court ruled that the department's decision to scrap the permits was unconstitutional and unlawful and barred Home Affairs from proceeding with its plans, reports EWN.

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The court also ruled that Home Affairs would not be allowed to deport, detain or arrest ZEP holders with expired permits.

Motsoaledi felt that his decision to scrap the permits was not incorrect, and he was within his jurisdiction to do so. The minister explained that the court's ruling indicating that such decisions should be subjected to public participation set a dangerous precedence.

Helen Suzman Foundation opposes Home Affairs appeal

The Helen Suzman Foundation has opposed Home Affairs' bid for a leave of appeal. The foundation's legal counsel told the court the department's appeal has no prospects for success, reports SABC News.

Advocate Carol Steinberg said the law requires the minister to consult before making such a decision. Should the exemption permits be scrapped, over 180 000 Zimbabwean nationals and their children will be affected.

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"In law, there is a watertight obligation to hear what affected people have to say before a decision impacting on their lives is made. It is the first principle of natural justice," said Steinberg.

South Africans react to the ZEP appeal

Mollo Mk said:

"They must go back and fix their country, roaming around here SA not going to vote. Who will fix if they are roaming around here with brooms and scraps."

Hlanganani Zikhali said:

"Zimbabweans fought for this freedom, they are the ones who sacrificed everything for Mzansi and accommodated a lot of Mzansi people during apartheid. It is embarrassing to see our leaders now working hand in hand with the whites for Zimbabweans' deportation."

Prosper Dube commented:

"Whatever decision, they must not forget that what goes around comes around."

Court denies SA citizenship to kids in Mzansi born to Zimbabwean parents

Briefly News previously reported that the Limpopo High Court in Polokwane has denied Zimbabwean parents' request for their children to have South African citizenship.

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According to News24, the parents approached the High Court after the Department of Home Affairs refused to grant citizenship to the three children born in South Africa.

The children were born between 2010 and 2016, and in that time, the father claimed that he was in South Africa on a work permit. The court was unable to verify the father's work status because he did not submit the complete paperwork.

Source: Briefly News