Today's Labour News

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MotsoalediBL Premium reports that the Department of Home Affairs (DHA) lost its final appeal opportunity to deport 178,000 Zimbabwean Exemption Permit (ZEP) holders after a Constitutional Court (ConCourt) ruling found it did not adequately consult the permit holders.

All appeal avenues are now closed to the department. DHA Minister Aaron Motsoaledi must now adhere to a 2023 high court order to follow consultation processes with ZEP holders. The ConCourt ruled on Tuesday that Motsoaledi’s appeal “bears no reasonable prospects of success”. The Helen Suzman Foundation (HSF) and the Consortium for Refugees and Migrants in SA (Cormsa) successfully challenged Motsoaledi’s decision to terminate the ZEP regime in 2023 when a full bench of the Pretoria High Court ruled that the government’s decision to terminate the special ZEP regime was unlawful. It found the government had neither properly consulted with ZEP holders nor demonstrated that it had considered the effects of ending the regime. These steps should have be done in a “procedurally fair” manner. The same full bench refused the DHA leave to appeal, as did the Supreme Court of Appeal. As a result of the ConCourt’s decision on Tuesday, existing ZEPs remain valid until November 2025. The ruling means that ZEP holders and their representative organisations now have an opportunity to persuade the DHA that some form of permanency in SA should be considered.

  • Read the full original of the report in the above regard by Tauriq Moosa at BusinessLive (subscriber access only)

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