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he Pretoria high court has dismissed an application for a declaratory order guaranteeing the implementation of its earlier order that the protection afforded to Zimbabwe extension permit holders will remain in place until mid-2024, notwithstanding any appeal launched byThe court said that the applicants, the Helen Suzman Foundation and the Consortium for Refugees and Migrants in SA, were asking for protection they already enjoyed in terms of section 18 of the Superior Courts Act.
“The applicants are asking for what they already have by operation of the law in terms of section 18 of the Act. Moving this application in these circumstances was unnecessary.”unconstitutional and procedurally unfair.The permits, which have allowed tens of thousands of Zimbabweans to live and work in South Africa, would have expired at the end of June this year, when what had been termed a final six-month grace period came to an end.
The court remitted the decision to Motsoaledi, and ordered that pending his decision all existing ZEPs will remain valid for the next 12 months. The minister said the ruling set a “dangerous” precedent and sought leave to appeal, but the court dismissed his application on 16 October. They said such a declarator would ensure that the original order extending the validity of the permits for another year would not be suspended pending any appeal process. And they asked that it remain in place beyond the 12-month extension, if necessary, until all appeal processes had been exhausted.
It was the second time the foundation had written to the minister, the first being in August when it asked him for an undertaking that he would respect the court order, pending the appeal process.
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