Zimbabweans shielded from arrest in South Africa

The Supreme Court of Appeal has dismissed with costs the Department of Home Affairs' attempt to overturn an interim interdict, previously granted in favour of the Zimbabwe Immigration Federation, protecting nearly 200,000 Zimbabwean Exemption Permit (ZEP) holders against arrest and deportation.

After winning Part A of the court wrangle, the federation will be heading back to the court, for Part B, to argue before court that the Department of Home Affairs overreached in 2021, when the then home affairs minister Aaron Motsoaledi announced the termination of the ZEP.

The special permit dispensation has allowed 180,000 Zimbabwean nationals to live and work in South Africa since 2009.

In the federation's view, the jurisdiction to terminate the ZEP lies with Parliament, not the minister.

IOL had an interview with Vindren Magadzire, director of the Zimbabwe Immigration Federation who said his organisation's case revolves around the termination of the ZEP programme by the minister of home affairs.

"The Zimbabwe Immigration Federation was inspired to go through courts due to the South African minister of home affairs' decision to terminate the permits. The decision would have significant implications for approximately 180,000 Zimbabweans living and working in South Africa under the ZEP permit program."

Magadzire said his organisation is requesting the superior court to declare the termination of the ZEP permits unlawful, setting aside the termination decision, and protecting permit holders rights.

In Magadzire's view, a lasting solution would be granting the ZEP holders permanent residence status in South Africa.

"The latest development in the court case is that the Supreme Court of Appeal dismissed the minister of home affairs appeal. This decision upholds a Johannesburg High Court interdict that shields approximately 180,000 ZEP holders from arrest and deportation," said Magadzire.

Last year, IOL reported that the High Court in Pretoria heard arguments from the Helen Suzman Foundation to enforce the court's order that the ZEP remains valid, while the minister of home affairs conducts a fair and rational inquiry into the impact of its termination.

The foundation turned to court in a bid to give ZEP holders a lifeline.

"When the minister first signalled his intention to appeal the court's June 2023 judgment, the foundation asked him to leave the ZEP in place until he exhausted the appeal process. The minister refused," Nicole Fritz, executive director of the foundation said at the time.

The court had held earlier that the minister's appeal had no prospects of success. Home Affairs then decided to turn to the Supreme Court of Appeal.