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Gauteng High Court declares decision to terminate ZEP unlawful, unconstitutional

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The Gauteng High Court in Pretoria has declared Home Affairs Minister, Dr Aaron Motsoaledi’s decision to terminate the Zimbabwean Exemption Permit (ZEP) as unlawful, unconstitutional and invalid.

This after the Helen Suzman Foundation challenged Motsoaledi’s decision after he announced last year that the special dispensation would be discontinued.

The ZEP is a special permit issued in terms of the Immigration Act that allows its holders and their children temporary legal status to live, work and study in South Africa.

The permit was introduced by the South African government to cope with an influx of undocumented Zimbabweans.

The full bench set aside Motsoaledi’s decision to terminate the special dispensation and has ordered that he reconsider the matter. The court also ordered that the ZEP be valid for a further 12 months.

The Helen Suzman Foundation had hauled the Minister to court with the foundation’s legal counsel arguing that the Minister did not consult with the holders of the permit before his decision and asked the court to declare it invalid.

Reaction to court’s ruling on Zimbabwean Exemption Permits: Luke Dzviti

Earlier this month, the Minister granted a six month extension that is scheduled to end in December. ZEP holders will continue to enjoy the protection, namely that no holder may be arrested or detained for the purposes of deportation.

In related video below, Last minute waiver applications meant we had no other option but to extend the ZEP: Motsoaledi

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