Application to appeal ZEP judgment dismissed

21 February 2024

The Helen Suzman Foundation (HSF) notes and welcomes the Supreme Court of Appeal’s decision to dismiss the Department of Home Affair’s (DHA) application to set aside the High Court judgement on the unlawful termination of the Zimbabwean Exemption Permit (ZEP) on Friday 16 February 2024.

In June 2023, the Pretoria High Court handed down judgement that declared the DHA’s and Minister Motsoeledi’s decision to terminate the ZEP unlawful, invalid, and unconstitutional.

The SCA’s decision in this regard means that the Pretoria High Court’s judgement still stands, unless the matter is referred to the Constitutional Court.  

The ZEP permit is therefore valid and allows its holders to continue living in South Africa on the same terms and conditions prior to its unlawful termination.

Issued by HSF, 21 February 2024