MOKGORO J
1.4. That part of section 3 of the Welfare Laws Amendment Act 106 of
1997 which is to amend section 3(c) of the Social Assistance Act 59
of 1992 is to be read as though the words “or permanent resident”
appear after the word “citizen”.
2. In the Mahlaule matter, the order of invalidity and striking down of
section 4(b)(ii) of the Social Assistance Act 59 of 1992, as amended by
the Welfare Laws Amendment Act 106 of 1997, made by the High
Court is set aside and replaced with the following order:
2.1. The omission of the words “or permanent resident” after the word
“citizen” from section 4(b)(ii) of the Social Assistance Act 59 of
1992, as amended by the Welfare Laws Amendment Act 106 of
1997, is declared to be inconsistent with the Constitution.
2.2. Section 4(b)(ii) of the Social Assistance Act 59 of 1992, as
amended, is to be read as though the words “or permanent residents”
appear after the word “citizens”.
3. In the Mahlaule matter, the order of invalidity and striking down of
section 4B(b)(ii) of the Social Assistance Act 59 of 1992, as amended by
the Welfare Laws Amendment Act 106 of 1997, made by the High
Court is set aside and replaced with the following order:
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