Home Affairs Minister Dr Aaron Motsoaledi plans to challenge a court ruling that declared his decision to end the Zimbabwe Exemption Permit illegal and unconstitutional.
The North Gauteng High Court in Pretoria ordered government not to deport or detain holders of the permit, which gave around 200,000 Zimbabweans legal stay in South Africa.
But Motsoaledi argues the decision not to renew the permit was a matter of policy within his powers as a minister. He says the court’s override interferes with the separation of powers between branches of government.
The Helen Suzman Foundation and Zimbabwean Immigration Federation took the minister to court over scrapping the permit.
Motsoaledi spokesperson Siya Qoza says “The minister believes the decision…involves weighing policy considerations within the executive’s domain.”
He adds “The minister believes the decision he took considered all interests and rights, including children’s.”