Institute for Migrant Rights
Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › South Africa

Helen Suzman Foundation v. Minister of Home Affairs (Zimbabwean Exemption Permits)

High Court of South Africa, Gauteng Division · South Africa · 2023-06-28 · National court

Citation: [case number to be added]
Type of case: Administrative
Outcome: Decided for the migrant side

Question

Could the Minister end the permits of about 178,000 Zimbabweans without consulting them?

What the court decided

No. The decision was set aside because there was no fair process, and the permits stayed valid until the Minister decided again after consultation.

In plain language

Many Zimbabweans had lived and worked in South Africa for over ten years on special permits. The government decided to end them. The High Court said this was unlawful without a fair process.

Dalam bahasa sederhana

Banyak warga Zimbabwe tinggal dan bekerja di Afrika Selatan lebih dari sepuluh tahun dengan izin khusus. Pemerintah memutuskan mengakhirinya. Pengadilan Tinggi menyatakan ini tidak sah tanpa proses yang adil.

Pertanyaan: Bisakah Menteri mengakhiri izin sekitar 178.000 warga Zimbabwe tanpa berkonsultasi dengan mereka?

What happened afterwards

  • 2021-11: Decision to end the permits.
  • 2023-06-28: Decision set aside.
  • 2023: Government appeals; permits extended meanwhile. [Check.]

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/za-zep-2023/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

This collection of decisions is built for empirical legal scholarship and socio-legal research on migration and the rights of migrant workers, as well as for advocacy.

The coded variables support statistical analysis in law: cross-national comparison, regression and event-history designs, and law and economics questions such as how recruitment fees, wage protection and limits on changing employer affect migrant workers. The data can be downloaded for replication.

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