MOKGORO J matters are related and involve similar considerations and arguments of law, they were heard together both in the High Court and in this Court. Factual background [2] The applicants in both matters are Mozambican citizens who have acquired permanent residence status in South Africa in terms of exemptions granted to them under the now repealed Aliens Control Act 96 of 1991.3 All of the applicants in both matters, save for the second applicant in the Khosa matter, fled Mozambique in the 1980s as a result of the outbreak of civil war and sought refuge in South Africa. They integrated into the local community in the former Gazankulu territory in what is now known as Limpopo Province. The second applicant in the Khosa matter came to South Africa to work for the then National Parks Board at Skukuza until his retirement in May 1992. He, like the other applicants in this case, is also a permanent resident. [3] All of the applicants in both matters are destitute and would qualify for social assistance under the Act but for the fact that they are not South African citizens. In the Khosa matter, the second applicant had applied for an old-age grant on 1 September 1992 which was eventually paid to him in November 3 South Africa granted a series of amnesties and concessions as exemptions to the immigration process in terms of section 28(2) of the Aliens Control Act. In October 1993, a tripartite agreement was signed between South Africa, the United Nations High Commissioner for Refugees and the Mozambican Government granting formal refugee status to those Mozambicans who had fled to South Africa as a result of the civil war in Mozambique. In October 1995, the South African government granted an amnesty to Mozambican miners permitting them to apply for permanent residence status. In July 1996, the South African government granted amnesty to nationals of the Southern African Development Community, which included Mozambique. Finally, in December 1996, the South African government permitted all Mozambicans who wished to remain in South Africa and who were not covered by the previous amnesties to apply for permanent residence status. 3

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