Zimbabwe Exemption Permit holders secure legal victory in SA

Zimbabwean immigrants living in South Africa under the Zimbabwe Exemption Permit (ZEP) system have won a major legal reprieve after the Supreme Court of Appeal dismissed an attempt by South Africa's Ministry of Home Affairs to overturn an interim court order protecting them from arbitrary arrests and deportations.

The Zimbabwe Immigration Federation (ZIF), which is leading the legal battle to safeguard the rights of Zimbabwean nationals, hailed the court's ruling as a critical step in ensuring due process and preventing the forced return of thousands to a country facing severe economic and political instability.

The appeal by Home Affairs was aimed at overturning Part A of a legal case that secured an interdict preventing deportations and arrests of ZEP holders until the case is fully heard. The Supreme Court's decision means the interim protections remain in place, offering temporary legal certainty to the nearly 180,000 Zimbabweans who rely on the permit to live and work in South Africa.

ZIF chairperson Benjamin Kenichi welcomed the outcome, describing it as a victory for justice and the rule of law. "This is a victory for due process and the rights of legal immigrants," Kenichi said. "The judgment ensures that Zimbabweans holding ZEPs are protected from arbitrary enforcement actions while the main legal arguments are yet to be fully ventilated in court."

The ZEP system was first introduced in 2009 as a way to regularise the status of Zimbabweans who fled economic collapse and political repression under the Zanu PF government. However, their future became uncertain after former Home Affairs Minister Aaron Motsoaledi announced that the special dispensation would come to an end.

The ZIF's legal challenge is structured in two parts. The now-upheld Part A prevents authorities from detaining or deporting ZEP holders while legal proceedings are ongoing. Part B, which has yet to be heard, challenges the legality of the minister's unilateral decision to revoke the permits without parliamentary consultation or public participation. The ZIF argues that long-term permit holders have established constitutional rights that must be respected.

The court's ruling is expected to bring some relief to Zimbabwean families living in limbo, many of whom have spent more than a decade contributing to South African society. But with the ultimate fate of the ZEP system still pending, the future remains uncertain.

For now, however, ZEP holders can continue living in South Africa without fear of being forcibly removed - a critical respite as economic conditions in Zimbabwe remain dire, marked by currency collapse, high unemployment, and social instability.