Zepha confident of its challenge against decision to scrap ZEP programme

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A full bench of the Pretoria High Court has been hearing arguments from organisations challenging the decision, and Friday the court is expected to hear from the third and final one, the Zimbabwean Exemption Permit Holders Association (Zepha).

JOHANNESBURG - The Pretoria High Court will on Friday hear the third and final challenge against the decision to scrap the Zimbabwean Exemption Permit programme.

Three civil society organisations are currently challenging the decision, and a full bench of the Pretoria High Court has been hearing their arguments during the week. Earlier in the week, it heard cases from the Helen Suzman Foundation and the Zimbabwean Immigration Federation.Advocate Simba Chitando, who represented the association, said their application was somewhat different to the other two, which both ultimately sought to have the decision taken reviewed and set aside.

“The Zepha is going to be applying for a declaratory order, which would declare that every ZEP holder has a legitimate expectation to at least apply for permanent residency in South Africa.”“We are very optimistic having heard all the other organisations making, I think, very strong arguments in favour of setting aside the decision by the minister to end the ZEP.

“We’re also quite optimistic that the court may recognise the obvious legitimate expectation that ZEP holders have to be permanent residents in the country given the fact that they’ve spent more than 12 years legally living in South Africa.”

 

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South African Govt In Court Over Scrapping of Zimbabwe PermitsSeveral groups, including the Helen Suzman Foundation, are mounting a legal challenge over the South African government's decision to terminate the Zimbabwean Exemption Permit (ZEP) system without consultation, Ciaran Ryan of GroundUp reports. The Foundation argued in the Pretoria High Court that the decision should be sent back to Home Affairs Minister Aaron Motsoaledi for proper consultation. The lapsing of the Zimbabwean Exemption Permit (ZEP) system was a political decision, and does not take away the rights of ZEP holders, the South African government argued in response. Advocate Ismail Jamie, counsel for home affairs minister, told a full bench of the Pretoria High Court that there was no decision to terminate the ZEP system. Rights that were temporarily conferred in the first place had been allowed to lapse through the passage of time, he said. No rights had been taken away. Blanket visa exemptions for Zimbabweans illegally in SA were introduced in 2009 under the Dispensation of Zimbabweans Project (DZP). That gave legal status to about 250,000 Zimbabweans who had fled political and economic instability at home. It allowed them to live, work, study and open businesses in SA. This scheme was extended and renamed the Zimbabwean Special Permit (ZSP) in 2014 and the ZEP in 2017. Motsoaledi suspended the ZEP system in November 2021, extended it until December 2022, and then extended it again to June 30, 2023. This was to give ZEP holders more time to apply for alternative permits, failing which they are at risk of deportation or voluntary repatriation to Zimbabwe. The outcome of this case will have a huge impact on South Africa-Zimbabwe relations should the 178,000 permit holders be forced to leave South Africa. This is sad 😢
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South Africa: Zep - No Rights Were Taken Away, Home Affairs' Lawyers Tell CourtEnding of Zimbabwe Exemption Permit System Does Not Take Away Rights, Court Told GroundUp_News: SouthAfrica ZEP
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