Court battle over scrapping of Zimbabwean permit proceeds

The court battle against the scrapping of the Zimbabwean permit will proceed on October 6, Home Affairs Minister Aaron Motsoaledi said on Tuesday after advocate Simba Chitando tweeted on Monday that the department is broke.

Chitando, who represents the Zimbabwean Exemption Permit Holders Association, tweeted: “Dr Motsoaledi has run out of money, which explains why he asked me for R200 000. I refused to give him my money. This after he received hundreds of millions of rands from ZEP holders, which both he & VFS [visa facilitation service] refuse to account for. Now he wants court day moved. Shocking.”

Addressing a portfolio committee on Home Affairs in parliament on Tuesday, Motsoaledi refuted the claims and noted that the extension was requested because there are documents and affidavits still outstanding.


“I’m sure many of you have seen a tweet, which I also saw this morning, where they are saying we [have] run out of money, so we are running away from this court case,” said the minister.

“What has happened is that we have written to the Pretoria High Court in view of this extension that I have made. Certain papers have been required from us, new affidavits need to be written.

“And we believed that the dates that have been agreed upon will no longer be possible. Any party to this type of court case can do that, but before the judge finalises whether they accept [to] change the dates or not, all parties are called together in a meeting.”

Motsoaledi added that the extension has nothing to do with money or incompetence. “It is just court processes which are normal when matters like this are being prepared in court.”

He extended the validity of the Zimbabwean exemption permit to June 30 2023. The initial expiry date for the permits was December 31 2022.

The department confirmed at the time that the minister had acted on the recommendation of the advisory committee led by Dr Cassius Lubusi and noted that it is committed to affording affected Zimbabweans an opportunity to apply for one or other visas and/or waivers provided for in the Immigration Act.


According to Motsoaledi, during this period, no permit holders may be arrested, detained, or deported.

Motsoaledi said at the time: “No holder of the exemption may be arrested, ordered to depart or be detained for purposes of deportation or deported in terms of section 34 of the Immigration Act for any reason related to him or her not having any valid exemption certificate [i.e permit label/sticker] in his or her passport.

“The holder of the exemption permit may not be dealt with in terms of sections 29, 30 and 32 of the Immigration Act.”

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