MOKGORO J
reading in of the curing words, rather than striking down the impugned
provisions and suspending the declaration of invalidity, as submitted by the
respondents. Suspending the declaration of invalidity would, in my view, not
constitute a “just and equitable order” as contemplated by section 172(1)(b) of
the Constitution.90 There is every reason not to delay payment of social grants
any further to the applicants and those similarly situated. Even if this Court
were to grant interim relief to the applicants during the period of suspension,
other permanent residents would be barred from applying until the end of the
period of suspension. Striking down without an order of suspension is not
appropriate either, as it would make the grants instantly available to all
residents including visitors within South Africa who satisfy the other criteria.
[89]
Reading in the words “or permanent resident” after “South African
citizen” in section 3(c) and “or permanent residents” after “South African
citizens” in section 4(b)(ii) offers the most appropriate remedy as it retains the
right of access to social security for South African citizens while making it
instantly available to permanent residents.
The constitutionality of legislation not yet in force
[90]
90
Section 81 of the Constitution provides:
Above n 90.
55
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