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Home Affairs Minister, Dr Aaron Motsoaledi will challenge the two judgments delivered by the North Gauteng High Court in Pretoria, which declared his decision to terminate the Zimbabwean Exemption Permit (ZEP) as unlawful, unconstitutional and invalid.
The court also granted an interim interdict which restrains government from detaining or deporting holders of the ZEP.
Motsoaledi argues that his decision is one of policy which falls within the parameters of Executive Action and that the court ruling overriding a decision taken by a different arm of State defies the separation of powers doctrine.
The Helen Suzman Foundation and the Zimbabwean Immigration Federation (ZIF) hauled the Minister to court over the termination of the special dispensation.
The Minister’s spokesperson, Siya Qoza says, “The decision that the minister took not to extend the Zimbabwean exemptions involves weighing of policy considerations which falls within the domain of the executive. The judgment also deals with matters relating to a sacrosanct principle of separation of powers.”
“The minister believes that this is another strong ground for appeal. The minister believes that the decision he took was correct and took into consideration all the interests and rights implicated, including those of children,” adds Qoza. SABCNEWS
