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ZEP
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June 20, 2024

Motsoaledi's decision to cancel ZEP found to be invalid, unlawful and unconstitutional

Home Affairs Minister Aaron Motsoaledi's decision to cancel ZEP found to be invalid, unlawful and unconstitutional

The Constitutional Court has dismissed the appeal by the Minister of Home Affairs Aaron Motsoaledi over the High Court ruling on the Zimbabwe Exemption Permit (ZEP).


NO GROUNDS


Motsoaledi's attempt to appeal the 2023 High Court judgment to cancel Zimbabwean Exemption Permit was found to be invalid, unlawful, and unconstitutional. "The Constitutional Court has considered the application for leave to appeal. It has concluded that the application should be dismissed as it bears no reasonable prospects of success. The court has decided not to award costs. Leave to appeal is refused."


IN FAVOUR


In June 2023, the Pretoria High Court ruled in favour of the applicants, finding that the decision was unfair and infringed on the constitutional rights of ZEP holders. In March this year, Motsoaledi applied for leave to appeal in the Supreme Court of Appeal. To date, approximately 78,126 of a total of 178,000 ZEP holders have already applied for waivers and 10,427 have applied for other visas. The validity of their exemption permits has been duly extended; however, if their applications are unsuccessful, the order of the High Court prevents the minister from exercising powers conferred upon him by the Act.

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