South Africa: Termination of Zimbabwe Exemption Permit (ZEP) Found Unconstitutional
June 28, 2023
The High Court found the Department of Home Affairs’ decision to withdraw the Zimbabwean Exemption Permit, which allows eligible Zimbabweans to lawfully live and work in South Africa, unconstitutional and unlawful as the Minister of Home Affairs did not allow affected parties a reasonable opportunity to provide input on the termination of the permits. As a result, the High Court ordered the matter be sent back to the Minister of Home Affairs for reconsideration using a process that complies with the relevant law. However, in the meantime, the High Court ordered that ZEP holders are granted another 12 months, until June 30, 2024, to remain in South Africa. The Department has not announced if it will challenge the decision of the High Court in the Supreme Court of Appeals. If they go forward with the challenge, the current High Court ruling stands until the challenge is decided.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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