News / National
'Motsoaledi's decision to terminate ZEP unfair and irrational'
13 Apr 2023 at 14:53hrs | Views
Home Affairs Minister Aaron Motsoaledi's decision to terminate the Zimbabwean Exemption Permit (ZEP) was procedurally unfair and irrational.
This was one of the arguments made by the Helen Suzman Foundation in the Gauteng High Court in Pretoria for an order to declare the minister's decision invalid and to have it set aside.
Since 2009, eligible Zimbabweans have been granted exemption permits allowing them to live and work in South Africa.
This specific type of permit was introduced for those who fled to South Africa due to the economic and political strife in their home country.
These permits were extended several times over the years and have since become the ZEP.
In December 2021, Motsoaledi announced the termination of the ZEP. This decision affects around 178 000 Zimbabwean nationals who have called South Africa home for the last 14 years.
On Tuesday, the foundation's advocate, Steven Budlender SC, argued the minister's treatment of the ZEP holders, through his decision to effectively terminate the permits, was procedurally unfair and irrational for two reasons.
Those being, that Motsoaledi decided to terminate the ZEP programme without asking for representations from the public and the ZEP holders who would be affected. He only called for the representations after communicating his decision.
The other reason is the call for representations was also meaningless in the circumstances because it did not indicate the nature and purpose of the representations. In addition, the call for consultation after communicating the decision appears moot as the minister repeatedly said he would not reconsider the decision to terminate the ZEP programme.
Budlender said the minister's decision was administrative and, as such, was beholden to the Promotion of Administrative Justice Act.
In the event the act did not apply, Budlender said, the minister was still bound by the requirements of legality and the Bill of Rights.
"As we argue in our heads and in what follows, procedural rationality under the principle of legality required that ZEP holders and the public be afforded a hearing.
"The foundation also argued that the decision was taken without the minister considering the impact it would have on the lives of ZEP holders, their children, and the broader public.
"The inevitable effect of the minister's decision is that, on 30 June 2023, tens of thousands of ZEP holders will be left undocumented. This is due to the legal and practical barriers to securing alternative visas and permits," Budlender said.
The foundation is seeking a declaration of invalidity and Motsoaledi's decision be reviewed and set aside.
As well as a temporary order directing that pending the conclusion of a fair process, the existing ZEPs should be deemed valid and ZEP holders should continue to enjoy the protections afforded by Immigration Directive 1 of 2021 and Directive 2 of 2022.
The application by the foundation has been opposed.
This was one of the arguments made by the Helen Suzman Foundation in the Gauteng High Court in Pretoria for an order to declare the minister's decision invalid and to have it set aside.
Since 2009, eligible Zimbabweans have been granted exemption permits allowing them to live and work in South Africa.
This specific type of permit was introduced for those who fled to South Africa due to the economic and political strife in their home country.
These permits were extended several times over the years and have since become the ZEP.
In December 2021, Motsoaledi announced the termination of the ZEP. This decision affects around 178 000 Zimbabwean nationals who have called South Africa home for the last 14 years.
On Tuesday, the foundation's advocate, Steven Budlender SC, argued the minister's treatment of the ZEP holders, through his decision to effectively terminate the permits, was procedurally unfair and irrational for two reasons.
Those being, that Motsoaledi decided to terminate the ZEP programme without asking for representations from the public and the ZEP holders who would be affected. He only called for the representations after communicating his decision.
The other reason is the call for representations was also meaningless in the circumstances because it did not indicate the nature and purpose of the representations. In addition, the call for consultation after communicating the decision appears moot as the minister repeatedly said he would not reconsider the decision to terminate the ZEP programme.
Budlender said the minister's decision was administrative and, as such, was beholden to the Promotion of Administrative Justice Act.
In the event the act did not apply, Budlender said, the minister was still bound by the requirements of legality and the Bill of Rights.
"As we argue in our heads and in what follows, procedural rationality under the principle of legality required that ZEP holders and the public be afforded a hearing.
"The foundation also argued that the decision was taken without the minister considering the impact it would have on the lives of ZEP holders, their children, and the broader public.
"The inevitable effect of the minister's decision is that, on 30 June 2023, tens of thousands of ZEP holders will be left undocumented. This is due to the legal and practical barriers to securing alternative visas and permits," Budlender said.
The foundation is seeking a declaration of invalidity and Motsoaledi's decision be reviewed and set aside.
As well as a temporary order directing that pending the conclusion of a fair process, the existing ZEPs should be deemed valid and ZEP holders should continue to enjoy the protections afforded by Immigration Directive 1 of 2021 and Directive 2 of 2022.
The application by the foundation has been opposed.
Source - news24
