Author: Tania Broughton

Home Affairs Minister Aaron Motsoaledi is continuing with his court battles to scrap the Zimbabwean Exemption Permit (ZEP) programme. In June 2023, the Pretoria High Court ruled that the termination of the ZEP had been unlawful and unconstitutional. The Supreme Court of Appeal then dismissed his appeal on the grounds that it had no prospects of success, but now the Minister has turned to the Constitutional Court, essentially on the same grounds, asking that it adjudicate over the issue. In the application lodged in the apex court, Home Affairs director-general Livhuwani Tommy Makhode, who is the second applicant after the…

A Judicial Conduct Tribunal is hearing a complaint against Judge Nomonde Mngqibisa-Thusi in Johannesburg. The judge failed to deliver 21 judgments timeously. Retired Judge Chris Jafta is chairing the tribunal. On Monday he instructed the public to leave the hearing and said it would take place in camera. Judge Jafta said this was the default position for tribunals. Judge Mngqibisa-Thusi’s legal team was concerned that if the hearing was held in public it would compromise the testimony of witnesses in her defence who are expected to talk about the judge’s personal problems. The Judicial Conduct Tribunal inquiry into the possible…

By Tania Broughton A woman and three organisations took Home Affairs to court for blocking Identity Documents without following a just administrative process. About 700,000 IDs were blocked as at September 2023, meaning people with these IDs could not obtain passports, could not vote, access health care, education or open bank accounts. Their children, who were linked to the IDs, suffered similarly. This week the Pretoria High Court found that Home Affairs has been acting unconstitutionally. The judge gave the department 12 months to remedy the situation. The blocking of IDs by the Department of Home Affairs, without notice, timeous investigation…