“Motsoaledi’s ZEP leave for appeal has no prospects of success”

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Counsel for the Helen Suzman Foundation, Advocate Carol Steinberg, has argued before the High Court in Pretoria that there are no prospects of success for Home Affairs Minister, Dr Aaron Motsoaledi’s appeal application.

This after the full bench in June declared his termination of the Zimbabwe Exemption Permit (ZEP) invalid and set it aside.

The ZEP allows almost 180 000 permit holders and their dependants temporary legal status to live, work and study in South Africa.

The termination of the programme was challenged by the foundation after it argued that Motsoaledi failed to consult with the affected parties.

Steinberg says the law requires that the minister consult before making a decision of this nature.

“It is common cause that this decision impacted on the lives of 178 000 people and their children and of course, all the South Africans whose lives are inextricably bound up with the 178 000 …and in law there is a watertight obligation to hear what affected people have to say before a decision impacting on their lives is made. It is the first principle of natural justice. It’s common cause that the minister did not in fact hear from the affected people.”

Meanwhile, Motsoaledi’s council has told the court that it was incorrect for the full bench to rely on the Promotion of Administrative Justice Act (PAJA) in its judgment against him.

In Motsoaledi’s appeal application, Advocate William Mokhare has argued that the minister’s action was a policy-laden decision and not an administrative one.

VIDEO | Termination of ZEP is unlawful and invalid – Helen Suzman Foundation: