SA Home Affairs Minister takes ZEP Permit fight to Constitutional Court

South Africa’s Minister of Home Affairs Aaron Motsoaledi is persisting with his court battle to scrap the Zimbabwean Exemption Permit (ZEP) programme.

As reported by GroundUp, in June 2023, the Pretoria High Court ruled that the termination of the ZEP had been unlawful and unconstitutional.

Motsoaledi then appealed the ruling but it was dismissed by the Supreme Court of Appeal on the grounds it had no prospects of success.

The Minister has turned to the Constitutional Court, essentially on the same grounds, asking that it adjudicate over the issue.

In the application lodged in the Constitutional Court, Home Affairs director-general Livhuwani Tommy Makhode, who is the second applicant after the minister, wants leave to appeal against the whole June 2023 judgment of the Pretoria High Court.

The High Court ruling ordered the minister to reconsider the termination of the programme and follow a fair, lawful, and consultative process.

The Pretoria High Court then refused to grant leave to appeal.

The Helen Suzman Foundation and others are expected to oppose the application. They have until March 15 to file papers.

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