MOKGORO J
provisions of the Act. In the Khosa matter, the impugned law was subsection
3(c) of the Act. Section 3 of the Act states:
“Subject to the provisions of this Act, any person shall be entitled to the
appropriate social grant if he satisfies the Director-General that he —
(a) is an aged or disabled person or a war veteran;
(b) is resident in the Republic at the time of the application in question;
(c) is a South African citizen; and
(d) complies with the prescribed conditions.”6 (Emphasis added.)
In the Mahlaule matter, both applicants challenged subsection 4(b)(ii) of the
Act.7 Section 4 of the Act governs child-support grants and states:
“Subject to the provisions of this Act, any person shall be entitled to a childsupport grant if that person satisfies the Director-General that —
(a) he or she is the primary care-giver of a child; and
(b) he or she and that child —
(i) are resident in the Republic at the time of the application for the
grant in question;
(ii) are South African citizens; and
(iii) comply with the prescribed conditions.” (Emphasis added.)
In the Mahlaule matter, the first applicant also challenged the constitutionality
of subsection 4B(b)(ii) which will be introduced into the Act.8 That section
reads as follows:
6
Section 3 of the Act will be substituted by section 3 of the Welfare Laws Amendment Act, a provision
which has yet to be put into operation by proclamation.
7
Section 4 of the Act has been substituted by section 3 of the Welfare Laws Amendment Act.
Subsection 4(b)(ii) of the Act was brought into operation on 1 April 1998 by proclamation in
Government Gazette GN R27 18731, 13 March 1998.
8
Section 4B(b)(ii) will be introduced by section 3 of the Welfare Laws Amendment Act in that part of
the section relating to care-dependency grants and has also yet to be put into operation by
proclamation.
5