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Helen Suzman Foundation takes on Minister at ConCourt over Zimbabwean Exemption Permits

Details

HSFGroundUp reports that the Helen Suzman Foundation (HSF) has gone to court to oppose a bid by Department of Home Affairs (DHA) Minister Aaron Motsoaledi to appeal against a ruling that he may not terminate the Zimbabwean Exemption Permit (ZEP) programme.

The HSF has filed papers in the Constitutional Court (ConCourt) opposing an application by the Minister for leave to appeal against a Pretoria High Court ruling which found his decision to be unlawful and unconstitutional. The HSF says the unlawfulness of Motsoaledi’s decision to stop the ZEP had been determined on undisputed “common cause” facts which simply could not be appealed. The main premise for the High Court ruling was that the Minister had not consulted with the affected 178,000 permit holders prior to making his decision. The Minister had also not personally deposed to an affidavit in the matter. The High Court set aside the decision to stop the ZEP and sent the matter back to the Minister to make a fresh decision, following a fair, consultative process. It refused an application by the Minister for leave to appeal and the Supreme Court of Appeal recently dismissed his appeal on the grounds that it had no prospects of success. The Minister has now turned to the ConCourt. The Consortium For Refugees and Migrants In South Africa (CORMSA) has also filed papers opposing the Minister’s application for leave to appeal.

  • Read the full original of the report in the above regard by Tania Broughton at GroundUp
  • Read too, Home Affairs case to oppose ZEP permits ‘defective’, civil rights groups argue, at BusinessLive (subscriber access only)
  • Lees ook, Hofsaak oor Zim-permitte na Grondwethof, by Maroela Media


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