NGCOBO J
limitation, the relationship between the limitation and purpose and the
existence of less restrictive means to achieve that purpose.17
Is the limitation justifiable?
[114] The importance of the right in issue cannot be gainsaid. It is a right that
goes to one of the core values of our Constitution – human dignity. The state
has an obligation to ensure that its citizens have access to basic needs such as
food, clean water and shelter. Social security is a vital component of the social
system that is available for those who cannot provide these basic needs for
themselves or their families.
[115] However, the limitation imposed by the impugned statutory provisions
on permanent residents is neither absolute nor permanent. It is true that only
citizens can qualify for social security under the Act. But a permanent resident
becomes eligible for citizenship after a fixed period of time. Under section
5(1) of the South African Citizenship Act 88 of 1995,18 a permanent resident
17
S v Manamela (Director-General of Justice intervening) 2000 (3) SA 1 (CC); 2000 (5) BCLR 491
(CC) at para 32.
18
Section 5(1) provides:
“The Minister may, upon application in the prescribed form, grant a certificate of
naturalisation as a South African citizen to any alien who satisfies the Minister that—
(a)
he or she is not a minor; and
(b)
he or she has been lawfully admitted to the Republic for permanent
residence therein; and
(c)
he or she is ordinarily resident in the Republic and that he or she has been so
resident for a continuous period of not less than one year immediately
preceding the date of his or her application, and that he or she has, in
addition, been resident in the Republic for a further period of not less than
four years during the eight years immediately preceding the date of his or
her application; and
72
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