The Gauteng High Court in the capital, Pretoria has ruled as “unconstitutional” the government’s decision to stop the special residency permits of around 180,000 Zimbabweans.
The Zimbabwe Exemption Permit system which started 13 years ago offered migrants who fled economic hardships and political crackdowns in Zimbabwe visas.
The four-year visas were repeatedly renewed, but two years ago, South Africa’s home affairs ministry said it intended to scrap the scheme that had allowed the Zimbabweans to live and work in South Africa.
If implemented it would force thousands of Zimbabweans to return home unless they obtained regular work visas.
The law will not exempt them, even if they had children who were born in South Africa and were South African citizens.
The Helen Suzman Foundation, the human rights organisation which challenged the government’s decision, applauded the ruling by the Gauteng High Court in the capital, Pretoria.
The home affairs ministry said it would appeal the judgement.