MOKGORO J
[58]
I accept that the concern that non-citizens may become a financial
burden on the country is a legitimate one and I accept that there are compelling
reasons why social benefits should not be made available to all who are in
South Africa irrespective of their immigration status. The exclusion of all noncitizens who are destitute, however, irrespective of their immigration status,
fails to distinguish between those who have become part of our society and
have made their homes in South Africa, and those who have not. It also fails to
distinguish between those who are being supported by sponsors who arranged
their immigration and those who acquired permanent residence status without
having sponsors to whom they could turn in case of need.
[59]
It may be reasonable to exclude from the legislative scheme workers
who are citizens of other countries, visitors and illegal residents, who have only
a tenuous link with this country. The position of permanent residents is,
however, quite different to that of temporary or illegal residents. They reside
legally in the country and may have done so for a considerable length of time.
Like citizens, they have made South Africa their home. While citizens may
leave the country indefinitely without forfeiting their citizenship, permanent
residents are compelled to return to the country (except in certain
circumstances) at least once every three years.61 While they do not have the
rights tied to citizenship, such as political rights and the right to a South
African passport, they are, for all other purposes mentioned above, in much the
61
Section 28(c) of the Immigration Act.
36
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