Minister of Home Affairs Aaron Motsoaledi has turned to the Constitutional Court in his bid to appeal against a Pretoria High Court judgment that found the process he used to end the Zimbabwean Exemption Permit programme was neither fair nor lawful.
The high court ruled against the minister and he failed in his appeal to the Supreme Court of Appeal.
Home Affairs Minister Aaron Motsoaledi is continuing with his court battles to scrap the Zimbabwean Exemption Permit (ZEP) programme.
In June 2023, the Pretoria high court ruled that the termination of the ZEP had been unlawful and unconstitutional.
The Supreme Court of Appeal then dismissed his appeal on the grounds that it had no prospects of success, but now the Minister has turned to the Constitutional Court, essentially on the same grounds, asking that it adjudicate over the issue.
In the application lodged in the apex court, Home Affairs director-general Livhuwani Tommy Makhode, who is the second applicant after the minister, wants leave to appeal against the whole June 2023 judgment of the Pretoria high court, which ordered the minister to reconsider the termination of the programme and follow a fair, lawful and consultative process.
The Pretoria high court then refused to grant leave to appeal.
Makhode submits the court erred by disregarding his affidavit as “impermissible hearsay” because it was not deposed to by the minister. Yet the court had not made such a finding in its main judgment.
“The ineluctable conclusion is that, although it did not expressly say so in the main judgment, it had disregarded the affidavit,” he said.
Makhode further contends that other grounds not considered by the Pretoria court, which had been “squarely raised”, were the separation of powers doctrine.
The court had got the notion of public participation wrong.
He said the Pretoria court had incorrectly agreed with the Helen Suzman Foundation that the minister ought to have consulted before the decision to terminate the programme was taken.
“Even if audi [hearing the other side] was a

mandatory requirement, in this instance I am advised and submit that the full court erred and ought to have found that the representations considered after the decision were sufficient to render it both procedurally fair and lawful.
“The fact remains that the ZEP holders were all allowed to be heard, albeit after the decision was taken.”
Regarding the finding by the court that the minister had failed to consider the impact of the decision on the rights of ZEP holders and their children, Makhode said this was an error and would mean that the status of the permit holders could never be revoked or withdrawn in terms of the Immigration Act.
“The director-general states under oath that such rights were considered. Rights of children cannot (due to the nature of the decision) trump all other fundamental rights.”
He said the court should have found that the minister had discharged the onus to justify the limitation of ZEP holders’ rights. The minister had pleaded that conditions in Zimbabwe had improved to the extent that they could now return home.
Makhode submitted the issue was still a “live controversy” and the department was currently constrained from taking any action against those ZEP holders whose applications for renewal or extension have been unsuccessful.
“To date approximately 78,126 [of a total of 178,000 ZEP holders] have already applied for waivers and 10,427 have applied for other visas. The validity of their exemption permits has been duly extended; however, if their applications are unsuccessful, the order of the high court prevents the minister from exercising powers conferred upon him by the Act.”
He said given the complexity, and constitutional matters raised by the appeal, and the public interest, leave to appeal should be granted.
The Helen Suzman Foundation and others are expected to oppose the application. They have until March 15 to file papers. V.5226

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
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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.

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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
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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
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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.

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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.

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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
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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
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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
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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
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