Home Affairs Minister Aaron Motsoaledi never considered the consequences of his decision to end the Zimbabwe Exemption Permit (ZEP),This came out during a hearing that took place at the Pretoria High Court yesterday. The court was hearing three separate applications on the special permits which allowed Zimbabweans to lawfully live in South Africa since 2009.

DEPORTATION

Motsoaledi announced that after the ZEP expires this coming June, it will not be extending it which meant that an estimated 178 000 Zimbabweans living in South Africa might be deported to their home country. The ZEP was twice extended, in 2014 and 2017, but the government is clear that the permits were temporary. According to the Business Day, Helen Suzman Foundation representative Steven Budlender argued that the decision by Motsoaledi was unlawful.Budlender began his address to the court by saying the case is "not about illegal foreigners". The holders of ZEPs are "here lawfully, pursuant to a programme put in place by the government". Budlender  further claimed that Zimbabweans have abided by the law for 14 years and have built lives in SA.

DECISION MAKER

Budlender said by law, a decision over the exemption permits was required to be taken by the minister: "The decision-maker in this case is the minister, not the director-general, not any other official. Motsoaledi had not put any affidavit before the court in this case. He had not even put in an affidavit confirming what the director-general. He says nothing. That's not a technical point, with respect. It's a very serious one," said Budlender.Budlender further said that Motsoaledi should have had proper information before him on who would be affected, to what degree, and what measures were in place to ameliorate the harm.

SUBMISSIONS OF DOCUMENTS

Budlender further said that on 20 September 2021 when director-general made his submissions, Motsoaledi never bothered to fact check.
"The minister had then simply approved the director-general's submissions on the same day according to a version of the director-general without any further interrogation"," he said. Budlender went on to to argue that the Minister decided to release a press statement on 7 January 2022 with regards to the ZEP matter."None of the records and documents were provided to us on the matter." Counsel for the Consortium for Refugees and Migrants in SA, David Simonsz, said the reasons the government gave for ending the permits did not withstand scrutiny. "The permits were introduced because of the dire situation in Zimbabwe, yet conditions there had not improved and the government had provided no evidence to the contrary. Government must come to court with credible research and reports that show an improvement in Zimbabwe,"he said. The case continues tomorrow Wednesday) where representatives of Motsoaledi are expected to argue the matter.