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News24 reports that Home Affairs Minister Aaron Motsoaledi will be applying for leave to appeal against two Zimbabwean Exemption Permit (ZEP) judgments handed down by a full bench of the North Gauteng High Court this week.
The court found against Motsoaledi in two different judgments, both relating to the ZEP. In the first, it ruled that Motsoaledi's decision to terminate the ZEP was invalid, unlawful and unconstitutional. The court found that the minister did not follow a fair process before making his decision, which should have included consultation with and an opportunity for ZEP holders to make representations. The court also said Motsoaledi did not consider the impact his decision would have on the holders and that the decision was an unjustified limitation of rights on those affected. It ordered that the matter go back to Motsoaledi for reconsideration, following a fair process that complied with the requisite legislation. Pending the process, the ZEP will be deemed to remain valid for the next 12 months. In the second judgment, the court ordered Motsoaledi not to arrest or issue deportation orders for ZEP holders and that they be allowed to leave and return to SA. In a statement on Thursday, Motsoaledi's spokesperson said: "The two judgments cannot go unchallenged as they set a dangerous precedent." He added that the finding on the applicability of certain sections of the Promotion of Administrative Justice Act (PAJA) was "highly questionable” and there was another "strong ground for appeal" in that the judgments dealt with matters relating to the separation of powers. Motsoaledi has already instructed his legal team to launch an application for leave to appeal against both judgments.
- Read the full original of the report in the above regard by Alex Mitchley at News24
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