MOKGORO J
[54]
The respondents averred that citizenship is a requirement for social
benefits in “almost all developed countries”.56 That may be so in respect of
certain benefits. But unlike ours, those countries do not have constitutions that
entitle “everyone” to have access to social security, nor are their immigration
and welfare laws necessarily the same as ours.
[55]
The respondents contended that immigrants, before entering the country,
are required to show self-sufficiency in order to qualify for permanent
residence status. They are only restricted from accessing the right in question
for a temporary period of five years, after which they can apply for citizenship
by reason of naturalisation. On receipt of citizenship, they would have a right
to social security. In their submission, any infringement of the right was
therefore only of a temporary nature.
They did not, however, offer any
justification for denying the right to permanent residents during this five-year
period.
[56]
In essence, the Constitution properly interpreted provides that a
permanent resident need not be a citizen in order to qualify for access to social
security. Justifying the restriction of that right of access by the fact that the
South African Citizenship Act 88 of 1995 allows them to apply under
exceptional circumstances for naturalisation,57 and thereby obtain access to the
56
The respondents referred to the position in the United States, Canada and the United Kingdom.
57
See section 5(9).
34
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