Rights activists have expressed their approval following the South African Constitutional Court’s decision to deny the government’s request to appeal a lower court ruling regarding the Zimbabwean Exemption Permit (ZEP).

The Constitutional Court this week dismissed an application by SA Home Affairs Minister Aaron Motsoaledi for leave to appeal a June 2023 Pretoria High Court ruling that the ZEP programme had been unlawfully terminated.

The ZEP is a special permit introduced by the South African government to address the issue of undocumented Zimbabweans. This permit allowed its holders and their children to temporarily live, work and study in South Africa, providing them with legal status.

The Constitutional Court ruled in favour of The Helen Suzman Foundation (HSF), represented by DLA Piper, which contested the termination of the ZEP regime – affecting approximately 178,000 individuals who have been residing, working and raising families in South Africa for nearly 15 years.

It declined to hear arguments in the minister’s appeal.

HSF executive director Naseema Fakir on Friday hailed the Constitutional Court decision, noting that it emphasised the importance of transparency and public engagement in government decisions that impact people’s rights.

“Our democracy requires that administrative decisions like this, that adversely affect people’s rights, must be opened to public scrutiny and comment.”

The Helen Suzman Foundation had argued that the minister had not taken into account the profound impact of the termination of the ZEP programme on those who had been living and working in South Africa, legally, for more than a decade.

Nicolas Patrick, a partner at DLA Piper, described the ruling as a triumph for Zimbabwean citizens who are legally resident in Zimbabwe in South Africa

“This landmark decision achieves justice for thousands of Zimbabwean legal residents in South Africa,” he remarked.

Patrick said it reflected the progressive nature of the South African constitution.

The Constitutional Court’s decision reinforces the principle that every individual within South Africa’s borders is entitled to be treated with fairness and respect for their dignity, as enshrined in the constitution.