Minister of Home Affairs and Another v Vindiren Magadzire and Another (245/2024) [2025] ZASCA 81 (6 June 2025)
REPORTABILITY SCORE: 82/100 Judicial Review — Interim Relief — Application for interim interdict pending review of Minister's decision — Minister's decision not to extend Zimbabwe Exemption Permit (ZEP) regime challenged — High Court granted interim relief to protect ZEP holders — Minister appealed, arguing redundancy due to final relief granted in related case — Appeal dismissed; interim relief remains valid as it addresses distinct grounds not resolved in related case.
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Case Note
Minister of Home Affairs and Another v Vindiren Magadzire and Another — [2025] ZASCA 81 — 2025-06-06
Dates, Case No & Neutral Citation
2025-06-06; Case No 245/2024; Minister of Home Affairs and Another v Vindiren Magadzire and Another (245/2024) [2025] ZASCA 81 (6 June 2025)
Court and Coram
Supreme Court of Appeal of South Africa; MOCUMIE, MBATHA, UNTERHALTER JJA, DAWOOD, MODIBA AJJA
Reportability
Reportable
HEADNOTE
Summary
Judicial review – final relief in one review – interim relief pending another review – overlapping grounds of review and orders – redundancy – interim relief as discretionary relief – mootness – res judicata – issue estoppel.
Held
The appeal is dismissed with costs, including the costs of two counsel.
Cases, Statutes and Texts Cited
Cases: Helen Suzman Foundation & Another v Minister of Home Affairs and Others (32323/2022) [2023] ZAGPPHC 490 (28 June 2023); United Democratic Movement and Another v Lebahse Investment Group (Pty) Ltd and Others [2022] ZACC 34; 2022 (12) BCLR 1521 (CC); 2023 (1) SA 353 (CC); Zweni v Minister of Law and Order 1993 (1) SA 523 (A); African Farms and Townships Ltd v Cape Town Municipality 1963 (2) 555 (A); National Treasury v Opposition to Urban Tolling Alliance [2012] ZACC 18; 2012 (6) SA 223 (CC); 2012 (11) BCLR 1148 (CC)
Legislation: Immigration Act 13 of 2002; Promotion of Administrative Justice Act 3 of 2000
Rules of Court: Rule 53
THE FACTS
Since 2000, a substantial number of Zimbabwe nationals have come to South Africa. The Minister of Home Affairs exercised powers under s 31(2) of the Immigration Act to permit some 180,000 undocumented Zimbabweans to remain lawfully in South Africa under the Zimbabwe Exemption Permit (ZEP). In November 2021, the Minister announced that he would not be extending the ZEP regime, but later issued an Immigration Directive extending the ZEPs for a further 12 months.
THE ISSUES
Whether the Part A order is appealable and whether it should have been granted given the HSF order.
ANALYSIS
The court found that the Part A order was not moot or redundant despite the HSF order, as the Federation's amended Part B relief raised distinctive grounds of review not covered in the HSF case.
REMEDY
The appeal is dismissed with costs, including the costs of two counsel.
LEGAL PRINCIPLES
The principles of mootness, res judicata, and issue estoppel were considered, with the court concluding that the Part A order was not redundant and that the Federation's application raised live issues for determination.