BusinessLive reports that Minister of Home Affairs Aaron Motsoaledi has lost his application to appeal a judgment that requires him to reconsider the Zimbabwe Exemption Permits (ZEP) regime.

The High Court in Pretoria ruled on Monday that his application had no reasonable prospects of success. The court found crucial to determining the prospects for a successful appeal was the quality of the evidence in regard to what the minister had taken into account when he made the decision to terminate the ZEP regime, which allows about 178,000 permit holders to lawfully remain in SA. “What renders the minister’s application destined for failure is the minister’s failure to depose to an answering affidavit in the review proceedings. Only the minister, as the decision maker, could give evidence as to what passed through his mind,” the court said. It also rejected the argument that his decision wasn’t subject to review under the Promotion of Administrative Justice Act (Paja). Motsoaledi’s spokesperson said the minister had noted the judgment and was studying it. Unless Motsoaledi successfully petitions the Supreme Court of Appeal, he will now have to consider afresh the ZEP regime after a fair process, which would include consulting those affected. The decision means, pending a further decision by the minister, current ZEPs are deemed to remain valid. ZEP holders will continue to enjoy the legal protections they now have and may not be ordered out or detained on the grounds their permits are not valid.

• Read the full original of the report in the above regard by Franny Rabkin at BusinessLive

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