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ZEP legal battle: Motsoaledi refutes claim Home Affairs is running out of money
The court case is due in court on 6 October.
Minister of Home Affairs Aaron Motsoaledi during a press briefing at the Department of International Affairs in Pretoria on 16 March 2020. Picture: Jacques Nelles
Home Affairs Minister, Aaron Motsoaledi has dismissed claims that his department has “run out of money” as the Zimbabwean Exemption Permits (ZEPs) legal battle rumbles on.
The claim was made by the lawyer representing ZEP holders, Advocate Simba Chitando.
New affidavits
Motsoaledi briefed Parliament’s Portfolio Committee on Home Affairs on Tuesday, where he confirmed that the Department of Home Affairs was seeking to have the court case over the non-renewal of the ZEP moved to a different date in light of the new deadline extension by six months.
The matter is due in court on 6 October.
“I’m sure many of you have seen a tweet, which I also saw this morning, where they are saying we run out of money so we are running away from this court case.
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“What has happened is that we have written to the Pretoria High Court in view of this extension that I have made… Certain papers have been required from us, new affidavits need to be written.
“And we believed that the dates that have been agreed upon will no longer be possible,” he told the committee on Tuesday morning.
“Any party to this type of court case can do that, but before the judge finalises whether they accept [to] change the dates or not, all parties are called together in a meeting.
“It has got nothing to do with money or incompetence as I have seen on the tweet. It is just court processes which are normal when matters like this are being prepared in court,” the minister further said.
Court case
Earlier this month, the ZEP deadline was extended to 30 June 2023.
Motsoaledi made the decision in order to give the permit holders an opportunity to apply for one or other visas provided for in the Immigration Act they may qualify for.
However, the minister recently revealed that only 9 000 out of the 178 0000 permit holders have applied at this stage.
“He has received 9 000 visas and 4 000 waiver applications up to so far,” he told SABC News.
READ MORE: Claims of harassment and intimidation as ZEP case turns ugly
In their court case, the Zimbabwe Exemption Permit Holders Association, Helen Suzman Foundation (HSF), Zimbabwean Immigration Federation (ZIF) and Zimbabwean Diaspora Association NPC are seeking to overturn government’s decision not to renew the permit.
Motsoaledi, Home Affairs director-general, President Cyril Ramaphosa and his Cabinet – the respondents – are expected to oppose the case.
ZEP Holders Association also wants Zimbabweans to be declared permanent South African residents.
The organisation’s previous application, with the non-profit organisation, African Amity, had been struck off the roll by the Johannesburg High Court in December 2021.
No deportation
Cabinet announced last November, that the ZEP would not be extended again.
Minister in the Presidency, Mondli Gungubele, said at the time that ZEP holders had until 31 December 2022 to apply for a visa to continue living in South Africa, return to Zimbabwe, or be deported.
In addition, no ZEP holder can be arrested, detained, or ordered to depart for not having a valid exemption permit during the grace period.
Zimbabwean nationals are also permitted to enter into or depart from South Africa, according to a government gazette.
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