ConCourt refuses Motsoaledi’s bid for leave to appeal ZEP ruling

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The Constitutional Court has refused former Home Affairs Minister, Dr. Aaron Motsoaledi’s final bid for leave to appeal the June 2023 Gauteng High Court in Pretoria’s rulings which invalidated his decision to terminate the Zimbabwean Exemption Permit (ZEP) and granted an interim interdict which halts government from detaining or deporting any holder of the permit.

In an order dated 18 June 2024, the apex court concluded that the application should be dismissed as it bears no reasonable prospects of success.

This stems from the High Court’s initial refusal of leave to appeal. The Supreme Court of Appeal (SCA) then followed with its order which dismissed, with costs, Motsoaledi’s application for special leave to appeal.

The appellate court found that there was no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.

This final order affirms the binding legal duties a minister holds when deciding the future of the Zimbabwean Exemption Permit, which includes the obligation to follow a fair consultation process.