On Monday 16 October 2023, the Gauteng High Court in Pretoria dismissed Dr Motsoaledi’s application to appeal its decision handed down in June of this year.
June Court Ruling
On 28 June 2023, the court ruled that the intention of terminating the ZEPs was unconstitutional and instructed that all ZEPs would be valid until June 2024. The Judge said that the Minister failed to follow fair procedures and that he should do so in order to make a decision on ZEPs that was constitutionally sound.
The Judge gave the Minister until the end of June 2024 to follow due process, thus also extending the ZEPs until the same date. Additionally, the judge instructed that ZEP holders must be able to enter and leave the country without any hindrance or struggle of being deported or producing a valid ZEP until June 2024.
Appeal Application
In September the Department of Home Affairs submitted their application for the leave to appeal the decision handed down by the High Court in June. The Minister hoped to have the ruling overturned, which application was submitted and heard before the courts which on 19 September reserved the judgement until further notice.
On Monday the court handed down its decision to dismiss the Minister’s plea and instructed that the order made in June will be upheld and that the Minister will need to comply with said order.
The Next Steps
The court ruling has brought some relief in that the Minister will need to follow due process before making his decision. It is important to note that this does not mean that the Minister may not still decide to cancel the ZEPs after he has followed due process. As such, it would be in the best interest of all ZEP holders to consider their future in South Africa and whether they want to settle Permanently in the country.
Should the latter be their goal, it is vitally important that they take the opportunity, which has not been afforded to any others on special dispensation permits. They are being given the opportunity to change visa categories from ZEP to one catered for in the Immigration Act, whilst in the country. Where an applicant does not meet the minimum requirements, they have been given permission to apply for a Waiver to waive the requirements they are unable to meet.
We have seen recently that the Minister is in fact approving and issuing the Waivers which then allows the applicants to apply for the appropriate visa. This is good news as those who would not ordinarily qualify for a visa, are able to do so. This also opens the road to Permanent Residency, which is not available to those currently ZEP holders.
Should you wish to take advantage of the Minister’s offer, please click here to enquire how we may assist.
