ZEP Cancellation by South African Minister of Home Affairs: Court Ruling!
In a ground breaking judgment, the Gauteng High Court in Pretoria has ruled that South Africa’s decision to terminate the Zimbabwe Exemption Permits (ZEPs) and grant a limited 12-month extension was unlawful, unconstitutional, and invalid. The decision brings relief and justice to thousands of Zimbabwe Exemption Permit Holders who were facing an uncertain future due to the termination of their permits.
The court found that the decision made by the Minister of the Department of Home Affairs (DHA) to discontinue ZEPs was not only unlawful but was also in violation of the constitutional rights of the ZEP holders. The decision effectively terminated the ZEP program on 31 December 2021, leaving thousands of Zimbabweans in South Africa without any legal status.
Legal Status
The ZEP program was introduced by the South African government since 2009 to regularize the stay of thousands of Zimbabweans who were in South Africa illegally. The program allowed Zimbabweans who met certain criteria to apply for a ZEP, which granted them legal status and the right to work and study in South Africa for four years.
However, in December 2021, the South African government announced that the ZEP program would be terminated and that ZEP holders would be granted a 12-month extension. The government also stated that no further extensions would be granted beyond 30 June 2023.
RELATED CONTENT: South African government extends ZEP for six months for visa applications.
Widespread Condemnation
Furthermore, this decision was met with widespread condemnation from various human rights organizations and advocacy groups, who argued that it would leave thousands of Zimbabweans in South Africa without any legal status. The decision was also heavily criticized by some members of the South African Parliament, who argued that it would create a humanitarian crisis and violate the constitutional rights of ZEP holders.
The Gauteng High Court, in its judgment, agreed with these arguments and declared the decision to terminate the ZEP program and grant a limited extension to be unlawful, unconstitutional, and invalid. The court also declared that all ZEP holders’ permits would be extended until the end of June 2024.
The decision has been welcomed by various human rights organizations and advocacy groups, who see it as a victory for justice and human rights. Many Zimbabweans in South Africa have also expressed relief and gratitude for the court’s decision, which now gives them certainty and security about their legal status.
Rule of Law
Moreover, the decision is also significant in that it highlights the importance of the rule of law in South Africa and the need for the government to respect the constitutional rights of all individuals, regardless of their nationality or legal status.
In conclusion, the Gauteng High Court’s decision to declare South Africa’s decision to terminate the Zimbabwe Exemption Permits and grant a limited extension unlawful, unconstitutional, and invalid is a victory for justice and human rights. The decision brings relief and security to thousands of Zimbabweans in South Africa and highlights the importance of the rule of law and the protection of constitutional rights in South Africa.
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