Home Affairs Minister Aaron Motsoaledi is heading to the Supreme Court of Appeal (SCA) after suffering a defeat in the Zimbabwean Exemption Permit (ZEP) case. The Gauteng High Court in Pretoria on Monday dismissed, with costs, Motsoaledi’s application for leave to appeal against a 28 June ruling on his decision to terminate the ZEP programme.
Motsoledi filed an appeal application, which was heard on 18 September, seeking an order to argue its case before the Supreme Court of Appeal (SCA). The application was opposed by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa (Cormsa).
The court found Motsolaedi had not submitted an answering affidavit in the appeal, despite him being the “decision-maker” on the non-renewal of the ZEP.
In a statement, Motsoaledi’s spokesperson Thabo Mokgola said the minister has considered the full court judgment in the ZEP matter. “The minister has also taken legal advice on the judgment. The minister has decided to exhaust the legal remedies available to him. To this end, he has already instructed his legal representatives to lodge an application for leave to appeal to the Supreme Court of Appeal without any delay.
“The minister believes that the matter is of such great public importance to deserve the attention of a higher court,” Mokgola said.
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Mokgola said Motsoaledi is encouraged by the increased number of waiver and visa applications lodged by the affected Zimbabwean nationals. “The minister is considering and approving an average of 2 000 waiver applications every week. He would like to assure the public that the Department of Home Affairs will continue to enforce the immigration laws without fear or favour.”
The ZEP deadline was extended by six months to 31 December, with Motsoaledi citing a wave of visa and waiver applications from affected Zimbabwean nationals.
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