The Helen Suzman Foundation (HSF) has argued that the Ministers of Home Affairs, Aaron Motsoaledi’s decision to terminate the validity of the Zimbabwean Exemption Permits (ZEP) was ‘procedurally unfair and procedurally irrational’ and wants the court to get it reviewed and set aside.
The case to challenge Home Affairs’ decision to terminate the ZEP on June 30 2023 and is being argued before a full bench of the North Gauteng High Court in Pretoria and it started yesterday and will continue today until Thursday.
The HSF brought the matter to court to try and stop Minister Motsoaledi from going ahead with the decision to terminate the ZEP.
It said in its argument that a decision to terminate the ZEP and to refuse further exemptions had to be taken following a fair and procedurally rational consultation process in a manner consistent with fundamental rights and on lawful, rational and reasonable grounds.
“The Minister’s decision fell short of these fundamental constitutional requirements,” said the foundation in the court papers
The HSF also argued that ‘it is a breach of the constitutional rights of ZEP-holders and their children’ and the decision was ‘taken without any regard to the impact on ZEP-holders’.
The foundation is of the view that the current backlog is a problem because the majority of ZEP-holders are unable to obtain mainstream permanent residence permits and visas within the ‘grace period’.
Home Affairs is being supported by the All Truck Drivers Forum and Allied South Africa (ADFASA) whose spokesperson said in an affidavit that the ZEP are unlawful and should have never been granted in the first place.
“It is therefore ADFASA’s view that the Zimbabwean Exemption Permits(ZEP) and their predecessor are unlawful and were unlawful from the beginning and should have never been granted at all. It is the ADFASA’s view that there is no legislative authority for the Minister of Home Affairs to have extended such permits or dispensation.
“It is further ADFASA’s view that the existence of the ZEP’s and the predecessors contribute and continue to contribute in having illegal and undocumented truck drivers employed in the Republic. Such a situation will be exacerbated if the said exemption permits are to be continued or definitively extended,” said Khumalo.
This is a developing story.
