MOKGORO J MOKGORO J: [1] These two cases concern a constitutional challenge to certain provisions of the Social Assistance Act 59 of 1992 (the Act). They were referred to this Court for the confirmation of orders of constitutional invalidity arising from similar applications brought in the Transvaal Provincial Division of the High Court (the High Court). The applicants in both matters are permanent residents. In the one application, Khosa and Others v The Minister of Social Development and Others1 (the Khosa matter), the applicants challenged the constitutionality of section 3(c) of the Act which reserves social grants for aged South African citizens. Similarly, in the other application, Mahlaule and Another v The Minister of Social Development and Others2 (the Mahlaule matter), the constitutional challenge was to sections 4(b)(ii) and 4B(b)(ii) of the Act, as amended by the Welfare Laws Amendment Act 106 of 1997 (Welfare Laws Amendment Act), which similarly reserve child-support grants and caredependency grants respectively for South African citizens only. The respondents in both matters are the Minister of Social Development, the Director-General of Social Development and the Member of the Executive Committee for Health and Welfare in the Northern Province. Because the two 1 Case number 25455/02. 2 Case number 25453/02. 2

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