High Court to hear Motsoaledi’s submissions over Zim Exemption Permit

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The North Gauteng High Court in Pretoria, is on Wednesday, expected to hear submissions from the counsel representing Home Affairs Minister Dr Aaron Motsoaledi, on his decision to terminate the Zimbabwean Exemption Permit (ZEP).

On Tuesday, the court heard that the Minister did not follow consultative processes before the decision and that it would lead to thousands of undocumented Zimbabwean nationals in the country.

Last year, the department announced that the special dispensation would not be renewed for a fourth time since its inception in 2009.

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 Helen Suzman Foundation (HSF) has asked the court to declare Motsoaledi’s decision unlawful, invalid and unconstitutional.

Advocate Matthews Mojapelo gave this argument for the full bench on behalf of the Truck Drivers Forum.

“The Minister did not have the power to grant the exemption, he did not have the power … now he purports to extend. He does not have those powers. What the other applicants are seeking, we will submit, is an extension of this illegality as the Minister does not have the power,” adds Mojapelo.

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