MOKGORO J [97] The applicants have successfully prosecuted an important constitutional claim and are entitled to their costs. The Order [98] The following order is made: 1. In the Khosa matter, the order of invalidity and striking down of section 3(c) of the Social Assistance Act 59 of 1992, prior to its amendment by the Welfare Laws Amendment Act 106 of 1997, made by the High Court is set aside and replaced with the following order: 1.1. The omission of the words “or permanent resident” after the word “citizen” from section 3(c) of the Social Assistance Act 59 of 1992, prior to amendment by the Welfare Laws Amendment Act 106 of 1997 is declared to be inconsistent with the Constitution. 1.2. To remedy the defect, section 3(c) of the Social Assistance Act 59 of 1992 prior to amendment by the Welfare Laws Amendment Act 106 of 1997 is to read as through the words “or permanent resident” appear after the word “citizen”. 1.3. The omission of the words “or permanent resident” after the word “citizen” from 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 declared inconsistent with the Constitution. 61

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