MOKGORO J
care-dependency grants, section 4B(b)(ii) requires that both the parent and the
child be South African citizens. However, there is no citizenship requirement
in respect of foster parents of a care-dependent child. Foster-child grants in
terms of section 4A are also not subject to a citizenship requirement. The
children referred to in section 4(b)(ii) and 4B(b)(ii) may have been born in
South Africa and may be citizens, but if the primary care-giver or parent,
excluding foster parents, is not a South African citizen, the grant is not payable.
The respondents did not seek to support these provisions, which discriminate
against children on the grounds of their parents’ nationality. It was therefore
conceded that citizenship is an irrelevant consideration in assessing the needs
of the children concerned.
Moreover the denial of support in such
circumstances to children in need trenches upon their rights under section
28(1)(c) of the Constitution.84
Evaluation
[79]
It is now necessary to weigh up the competing considerations taking into
account the intersecting rights that are involved in the present case. Of crucial
importance to this analysis is the fact that the Constitution provides that
“everyone” has the right to have access to social security if they are unable to
support themselves and their dependants.
We are concerned here with a
scheme that has been put in place by the state to provide access to social
84
Section 28(1)(c) reads:
(1) Every child has the right —
...
(c) to basic nutrition, shelter, basic health care services and social services.”
49
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents