Home Affairs Minister Aaron Motsoaledi's decision to terminate the Zimbabwean Exemption Permit has been set aside. The matter has been remitted back to the minister for reconsideration following a fair process.
Since 2009, eligible Zimbabweans have been granted exemption permits allowing them to live and work in South Africa. This specific type of permit, now known as the ZEP, was introduced for those who fled to South Africa due to their home country's economic and political strife.Motsoaledi's decision to terminate ZEP unfair and irrational, Helen Suzman Foundation tells court
The court found that Motsoaledi's first call for representations was made after the fact; after he had communicated his decision. During arguments, the HSF asserted that the minister and DHA director-general had provided no evidence of the impact of the decision on the ZEP holders or whether Motsoaledi considered the impact before taking the decision.
"Consequently, the minister's decision must be reviewed and set aside on the grounds that he further failed to take into account relevant information under 6 of PAJA."Unjustified limitation of rights
Source: Law Daily Report (lawdailyreport.net)
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