South Africa’s highest court, the Constitutional Court, has dealt a blow to the Department of Home Affairs’ attempts to scrap the Zimbabwean Exemption Permit (ZEP) program. In a unanimous decision, the court refused to hear the department’s appeal of a June 2023 Pretoria High Court ruling that declared the termination of the ZEP program unlawful.
The Pretoria High Court judgement, championed by the Helen Suzman Foundation, emphasized the need for “meaningful consultation” with the roughly 178,000 permit holders before any changes to the program can be made. The Foundation argued that the abrupt termination disregarded the impact on these individuals who have lived and worked legally in South Africa for over a decade.
This latest decision upholds the High Court’s ruling definitively. The Minister of Home Affairs, regardless of who holds the office, is now legally obligated to engage in a fair and transparent consultation process that considers the rights of ZEP holders before any decisions regarding the program’s future are made.
The Helen Suzman Foundation hailed the decision as a victory for the rule of law. “This affirms with finality that the Minister has a legal duty to ensure fair hearings and act rationally,” the foundation stated. “These principles are essential to our constitutional democracy, protecting both ZEP holders and South African citizens.”
