MOKGORO J
The impact of the exclusion
[76]
The exclusion of permanent residents in need of social-security
programmes forces them into relationships of dependency upon families,
friends and the community in which they live, none of whom may have agreed
to sponsor the immigration of such persons to South Africa. These families or
dependants, who may be in need of social assistance themselves, are asked to
shoulder burdens not asked of other citizens. The denial of the welfare benefits
therefore impacts not only on permanent residents without other means of
support, but also on the families, friends and communities with whom they
have contact. Apart from the undue burden that this places on those who take
on this responsibility, it is likely to have a serious impact on the dignity of the
permanent residents concerned who are cast in the role of supplicants.
[77]
As far as the applicants are concerned, the denial of the right is total and
the consequences of the denial are grave. They are relegated to the margins of
society and are deprived of what may be essential to enable them to enjoy other
rights vested in them under the Constitution. Denying them their right under
section 27(1) therefore affects them in a most fundamental way. In my view
this denial is unfair.
[78]
Section 4(b)(ii) of the Act, which deals with child-support grants,
requires both the adult and the child to be South African citizens. In the case of
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