MOKGORO J have regard to the impact that this has on other intersecting rights. In the present case, where the right to social assistance is conferred by the Constitution on “everyone” and permanent residents are denied access to this right, the equality rights entrenched in section 9 are directly implicated. The purpose of providing access to social security to those in need [50] The state did not suggest that the exclusion of permanent residents was a temporary measure, nor did it argue that the exclusion was an incident of attempts by it progressively to realise everyone’s right of access to social security. The state’s case is rather that non-citizens have no legitimate claim of access to social security and it therefore excluded them from the scheme that it put in place. It is that proposition that has to be tested against the constitutional standard of reasonableness demanded by section 27(2). [51] Those who seek assistance must meet stringent means tests prescribed by regulations made under the Act. Grants are made to those in need, including vulnerable persons. According to Mr Madonsela, the Director-General of the Department of Social Development, the legislation is part of the government’s strategy to combat poverty. He says also that the legislation is directed at realising the relevant objectives of the Constitution and the Reconstruction and Development Programme, and giving effect to South Africa’s international obligations. 32

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