The latest on Zimbabwean Exemption Permits: The Minister of Home Affairs is turned away at the SCA

The Supreme Court of Appeal has dismissed the Minister's application for special leave to appeal on the grounds that there is no reasonable prospect of success in the appeal and there is no other compelling reason why the appeal should be heard.

The Minister's sought leave to appeal the judgment of the full bench of the Pretoria High Court which found that the Minister's decision not to extend the Zimbabwean Exemption Permits was unlawful, unconstitutional and invalid. The Minister's decision was set aside by the High Court and remitted back to the Minister in order to provide him an opportunity to conduct a fair process which adequately takes into account the views and interests of Zimbabwean Exemption Permit holders, broader society and complies with the Promotion of Administrative Justice Act, 2000. The High Court criticised the Minister's lack of consultation and engagement with those affected by his decision before it was made.

Norton Rose Fulbright's Impact Litigation team, who acted for one of the applicant's representing the rights of permit holders, the Consortium for Refugees and Migrants in South Africa (CoRMSA), notes that permit holders should expect communication from the Department of Home Affairs as the Minister is required to engage in meaningful consultation with permit holders and civil society on the proposed termination of the exemption scheme.

Zimbabwean Exemption Permits, held by approximately 178 000 Zimbabwean nationals, remain valid until 29 November 2024. However, this date may once again be moved depending on the result of consultations.

Congratulations to the team.

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