MOKGORO J
indication that the section 27(1) right is to be restricted to citizens as in other
provisions in the Bill of Rights, the word “everyone” in this section cannot be
construed as referring only to “citizens”.53
The reasonableness of the legislative scheme
[48]
A court considering the reasonableness of legislative or other measures
taken by the state will not enquire into whether other more desirable or
favourable measures could have been adopted, or whether public resources
could have been better spent.54 A wide range of possible measures could be
adopted by the state to meet its obligations and many of these may meet the
requirement of reasonableness. Once it is shown that the measures do so, this
requirement would be met.
[49]
In dealing with the issue of reasonableness, context is all important. We
are concerned here with the right to social security and the exclusion from the
scheme of permanent residents who, but for their lack of citizenship, would
qualify for the benefits provided under the scheme. In considering whether that
exclusion is reasonable, it is relevant to have regard to the purpose served by
social security, the impact of the exclusion on permanent residents and the
relevance of the citizenship requirement to that purpose. It is also necessary to
“[The] Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the
rights of all people in our country and affirms the democratic values of human
dignity, equality and freedom.” (Emphasis added.)
53
Commissioner for Inland Revenue v NST Ferrochrome (Pty) Ltd 1999 (2) SA 228 (T) at 232.
54
Above n Error! Bookmark not defined. at para 41.
31
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