1. The full court delivered the judgments in Helen Suzman Foundation (“HSF”) v Minister of Home Affairs (“Minister”) with the Consortium for Refugees and Migrants in South Africa (“CORMSA”) and All Truck Drivers Forum and Allied of South Africa (“ATDFASA”) joined as intervening parties and Zimbabwe Immigration Federation v Minister of Home Affairs and Others.
2. The Minister has carefully studied the judgment and has taken legal advice on it.
3. The two judgments cannot go unchallenged as they set a dangerous precedent in that :
3.1 The finding of the court on the applicability or otherwise of sections 3 and 4 of the Promotion of Administrative Justice Act (“PAJA”) is highly questionable, particularly the requirement for public participation when a decision of this nature is taken, affecting a specified category of persons only. In this instance, the affected Zimbabwean nationals.
3.2 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.
3.3 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.
Zimbabwean Immigration Federation – Interim Interdict
4. The Minister will be challenging the outcome of this matter on appeal on the same basis as outlined above.
5. It is not clear as to what is the purpose of interdict when in fact the Minister issued directives to ensure that the affected Zimbabwean nationals continue to enjoy the protections afforded by the directives. The last Minister’s Immigration Directive was issued on 7 June 2023. Since the Minister took the decision, no Zimbabwean national has been threatened in any manner whatsoever and/or deported. They continue to enjoy freedom of movement between South Africa and Zimbabwe and anywhere, as pleaded in the affidavits filed in court on behalf of the Minister showing significant movements to and from Zimbabwe by the affected Zimbabwean nationals and their families.
6. Furthermore, many affected Zimbabwean nationals continue to apply for other visas and waivers in large numbers as provided for in the Immigration Act 13 of 2002.
Application for leave to appeal
7. The Minister has already instructed the legal representatives to launch an application for leave to appeal against the judgments and orders of the court without any further delay.
8. The Minister would like to take this opportunity to assure the nation that he will do everything in his power to ensure that the Immigration Laws of the Republic of South Africa are enforced without fear or favour.
Siya Qoza, 082 898 1657 (Spokesperson for the Minister of Home Affairs)
ISSUED BY DEPARTMENT OF HOME AFFAIRS