Zimbabwean nationals residing in South Africa have been offered a temporary security after the Supreme Court of Appeal dismissed the Minister of Home Affairs’ appeal regarding the termination of the Zimbabwe Exemption Permit (ZEP) regime.
In a decision delivered electronically on 6 June 2025, the Supreme Court maintained protections for Zimbabwean migrants pending judicial review of the minister’s original move to discontinue the ZEP regime.
The ZEP, which has governed the legal status of Zimbabwean nationals in South Africa since 2009, emerged as a response to waves of migration caused by economic instability and systemic discrimination in Zimbabwe. However, the minister’s 2021 announcement of ZEP termination triggered legal opposition from affected individuals and advocacy groups.
Respondents, including Zimbabwe Immigration Federation NPC and Zimbabwean national Vindiren Magadzire, argued in court that the minister’s abrupt decision lacked due process. The federation pursued a two-tier legal challenge: securing interim relief for current ZEP holders and contesting the broader legality of the regime’s termination.
Supreme Court’s legal analysis and broader implications
The ruling reaffirmed distinctions between this case and prior legal proceedings involving the Helen Suzman Foundation, where similar concerns regarding immigration law and ministerial authority had been raised. Judge DN Unterhalter emphasised that the minister’s appeal lacked substantive grounds, particularly considering procedural failures.
The judgment scrutinised whether the minister’s unilateral termination of the ZEP regime was ultra vires, meaning beyond legal authority.
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