Helen Suzman Foundation Fights to Protect Zimbabwean Permit Holders in South Africa

The Helen Suzman Foundation (HSF) has made a rush to the courts this week, seeking to secure a protective order for Zimbabwean Exemption Permit (ZEP) holders threatened once again with displacement from South Africa. The future of nearly 180,000 Zimbabweans is at stake, with the case currently being adjudicated in the Pretoria High Court.

Back in June, the court had pronounced the decision by the Minister of Home Affairs to cease the permit program as illegal, invalid, and unconstitutional. The judges of the case further ordered the continuation of the permit validity while the Minister conducts a rational investigation into the impact of the termination. This litigation was necessary given the Minister's insistence on appealing the ruling, suspending it in the process.

HSF aims to obtain an execution order safeguarding the ZEP holders while the government's appeal cases are pending. Previous attempts to secure permission for leave to appeal from the Pretoria Court by the Minister have been unsuccessful; currently, he plans to advance his case to the Supreme Court of Appeal.

Nicole Fritz, HSF Executive Director, accused the Minister of disregarding the court's ruling twice during the appeal process. Fritz declared that an action plan is imperative to prevent immense uncertainty for Zimbabwean permit holders, whose future in South Africa is still in limbo. Failure to obtain the execution order risks the expiration of the ZEPs in approximately two months, jeopardizing the future of permit holders and their offspring.

Fritz further remarked that should the minister maintain his position, he should bear 50% of the application's urgent costs for showcasing contempt for court rulings. On the contrary, Home Affairs Director-General Livhuwani Makhode stated that the allegations of potential catastrophe were premature and that the Minister had not acted in bad faith.

Judgement is still pending.