MOKGORO J
MOKGORO J:
[1]
These two cases concern a constitutional challenge to certain provisions
of the Social Assistance Act 59 of 1992 (the Act). They were referred to this
Court for the confirmation of orders of constitutional invalidity arising from
similar applications brought in the Transvaal Provincial Division of the High
Court (the High Court).
The applicants in both matters are permanent
residents. In the one application, Khosa and Others v The Minister of Social
Development and Others1 (the Khosa matter), the applicants challenged the
constitutionality of section 3(c) of the Act which reserves social grants for aged
South African citizens.
Similarly, in the other application, Mahlaule and
Another v The Minister of Social Development and Others2 (the Mahlaule
matter), the constitutional challenge was to sections 4(b)(ii) and 4B(b)(ii) of the
Act, as amended by the Welfare Laws Amendment Act 106 of 1997 (Welfare
Laws Amendment Act), which similarly reserve child-support grants and caredependency grants respectively for South African citizens only.
The
respondents in both matters are the Minister of Social Development, the
Director-General of Social Development and the Member of the Executive
Committee for Health and Welfare in the Northern Province. Because the two
1
Case number 25455/02.
2
Case number 25453/02.
2