Legal Blow for South African Government: ZEP Termination Appeal Dismissed by Constitutional Court
The Constitutional Court has upheld the High Court’s ruling, dismissing the appeal by the South African Home Affairs Minister concerning the termination of the Zimbabwe Exemption Permit (ZEP).
The court concurred that the termination of the ZEP was unlawful.
Also Read: ZEP Permits Expiration Nightmare: South African Officials Demand Bribes from Desperate Zimbabweans
In a media statement shared by the Helen Suzman Foundation, they revealed that
Constitutional Court had dismissed an appeal against ZEP judgment.
“Yesterday, the Constitutional Court dismissed an application by the Minister of Home Affairs (Minister) for leave to appeal a June 2023 Pretoria High Court judgment which held that the Zimbabwean Exemption Permit (ZEP) had been unlawfully terminated.”
The Foundation revealed that the Constitutional Court found that the June 2023 judgment clearly stated the Minister must follow a fair consultation process.
It stated that the Minister cannot lawfully terminate the ZEP without adhering to this fair consultation process, as determined by the court judgment.
“That June 2023 judgment was unequivocal in holding that the Minister is obliged to follow a fair consultation process, which duly considers the rights of those affected by terminating the ZEP, before he be lawfully allowed to do so.”
The Constitutional Court’s order confirms decisively that the Minister of Home Affairs is legally bound to follow a fair consultation process even if there are changes in government leadership.
“The Constitutional Court’s order affirms with finality that this most basic of legal duties binds the Minister, notwithstanding changes in office that may occur once a new government is formed, when deciding the ZEP’s future.”
The statement emphasized the importance of fair hearing principles. It underscored that all affected parties, including holders of ZEP and South African citizens, have the right to be heard and treated fairly in governmental decisions.
“It is a vital affirmation – for ZEP holders and South African citizens alike – that principles of fair hearing and rational government are indispensable to our constitutional democracy.”
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The post South African Constitutional Court Upholds High Court Ruling: Zimbabwe Exemption Permit (ZEP) Termination Deemed Unlawful appeared first on iHarare News.
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