NGCOBO J Introduction [99] The question presented in these confirmatory proceedings is whether the state can, consistent with the Constitution, exclude non-citizens from the social welfare system that it has put in place to meet the needs of those who are unable to support themselves. The social welfare grants that are the subject matter of the claims in these proceedings are social grants, child support grants and care dependency grants. At issue is the constitutional validity of sections 3(c)1, 4(b(ii)2 and 4B(b)(ii)3 of the Social Assistance Act 59 of 19924 which 1 Section 3 provides: “Subject to the provisions of this Act, any person shall be entitled to the appropriate social grant if he satisfies the Director-General that he— (a) (b) (c) (d) 2 is an aged or disabled person or a war veteran; is resident in the Republic at the time of the application in question; is a South African citizen; and complies with the prescribed conditions.” Section 4 provides: “Subject to the provisions of this Act, any person shall be entitled to a child-support grant if that person satisfies the Director-General that— (a) (b) 3 he or she is the primary care-giver of a child; and he or she and that child— (i) are resident in the Republic at the time of the application for the grant in question; (ii) are South African citizens; and (iii) comply with the prescribed conditions.” Section 4B provides: “Subject to the provisions of this Act, any person shall be entitled to a caredependency grant if that person satisfies the Director General that – (a) he or she is the parent or foster parent of a care-dependent child; and (b) that he or she and that child – (i) are resident in the Republic at the time of the application for the grant in question; (ii) in the case of the parent and his or her child, are South African citizens; and (iii) comply with the prescribed conditions.” 64