10-06-2026 11:06:49 (GMT +02:00) Pretoria / Cape Town, South Africa

Aaron Motsoaledi cries foul over Zimbabwean exemption permit ruling, applies for leave to appeal
03. Jul. 2023 Groundup

Over 178,000 Zimbabweans in South Africa have the special permit allowing them to live and work in the country.
Minister of Home Affairs Aaron Motsoaledi has instructed his legal team to apply for leave to appeal court rulings which overturned his decision to terminate the Zimbabwean Exemption Permit (ZEP) programme.
Earlier this week, a full bench in the Pretoria high court, declared the termination of the programme unlawful, unconstitutional and invalid, and directed the minister to reconsider the issue “following a fair process” that complies with the relevant laws. The court challenge was brought by the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa.
The judges ordered the extension of the programme which affects about 178,000 Zimbabwean permit holders for another 12 months.
In a separate, but related case, brought by the Zimbabwean Immigration Federation, the judges granted an interdict stopping any action being taken against ZEP holders, pending a review, still to be set down for hearing, of the Minister’s decision.
In the Helen Suzman ruling, the judges found that the Minister had not followed due process in considering the impact his decision will have on ZEP-holders and their children (born in South Africa) and had not considered the prevailing conditions in Zimbabwe.
He initially made no attempt to solicit representations and, when he did so belatedly, the process had not been meaningful. This rendered the decision procedurally unfair and irrational.
The judges said the decision was also an “unjustified” limitation of rights and thus must be reviewed and set aside in terms of the Promotion of Administration of Justice Act (Paja).
Following these



 

rulings, Motsoaledi, in a statement, said he “will do everything in his power to ensure that immigration laws are enforced without fear or favour”.
Motsoaledi said the two judgments could not go unchallenged because they set a dangerous precedent. He said the findings regarding the applicability of Paja were highly questionable “particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only, in this instance Zimbabwean nationals”.
He said the decision not to extend the permit exemptions involved policy considerations which fell within the domain of the executive.
“The judgment also deals with matters relating to a sacrosanct principle of separation of powers. The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children,” the statement read.
On the interim interdict granted in the Zimbabwean Immigration Federation matter, Moatsaledi said the purpose of this was not clear because he had issued directives in June this year, to ensure that the affected Zimbabwean nationals would not be deported, threatened with deportation and could travel freely between South Africa and Zimbabwe.
Once all the court papers are filed, the three judges will have to decide whether or not to grant leave to appeal to the Supreme Court of Appeal.
Should leave not be granted, the minister can apply directly to the appeal court for permission to appeal. V.4885

More related News

 
Critical Skills Visa
02. Oct. 2025 SA Migration
  More than 380k South Africans blocked from IDs lawyers challenge home affairs
26. Aug. 2025 News 24

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
Click here for full article


 

One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
Click here for full article


Airport Immigration Alert
25. Aug. 2025 SA Migration
  Airport Immigration Alert
25. Aug. 2025 SA Migration

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
Click here for full article


 

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
Click here for full article


A New Zealand mother and her 6-year-old son released from US immigration custody after being detained for weeks
25. Aug. 2025 CNN
  High Court upholds corporate visa refusal: Implications for businesses
25. Aug. 2025 Biz Community

A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
Click here for full article


 

On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
Click here for full article


US faces 9.4bn dollars tourism loss from new 250dollars visa fee targeting African countries
25. Aug. 2025 businessinsider
  Airport Immigration Alert
21. Aug. 2025 SA Migration

The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
Click here for full article


 

The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
Click here for full article


ARRESTED & UNDOCUMENTED: WHAT ARE YOUR OPTIONS?
20. Aug. 2025 SA Migration
  E-Hailing & Scooter Drivers in South Africa â€` Why Being LEGAL is CRUCIAL!
20. Aug. 2025 SA Migration

1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
Click here for full article


 

Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
Click here for full article



Search
South Africa Immigration Company