NGCOBO J
limit social grants, child support grants and care dependency grants
respectively, to South African citizens.
[100] The applicants, who are permanent residents, meet all the requirements
for social welfare grants save for the requirements of citizenship.
They
contend that the citizenship requirement in sections 3(c), 4(b)(ii) and 4B(b)(ii)
is inconsistent with the Constitution.
For this contention, they rely, in
particular, on the right to have access to social security5, to equality6, to human
dignity7, to life8 and to children’s rights.9
4
Section 4B(b)(ii) will be introduced by section 3 of the Welfare Laws Amendment Act 106 of 1997.
See n 8 of the main judgment.
5
Section 27 provides:
“(1) Everyone has the right to have access to—
(a)
health care services, including reproductive health care;
(b)
sufficient food and water; and
(c)
social security, including, if they are unable to support themselves
and their dependants, appropriate social assistance.
(2)
The state must take reasonable legislative and other measures, within its
available resources, to achieve the progressive realisation of each of these
rights.
(3)
No one may be refused emergency medical treatment.”
6
Section 9 provides:
“(1)
...
(3)
...
(5)
7
Everyone is equal before the law and has the right to equal protection and
benefit of the law.
The state may not unfairly discriminate directly or indirectly against anyone
on one or more grounds, including race, gender, sex, pregnancy, marital
status, ethnic or social origin, colour, sexual orientation, age, disability,
religion, conscience, belief, culture, language and birth.
Discrimination on one or more of the grounds listed in subsection (3) is
unfair unless it is established that the discrimination is fair.”
Section 10 provides:
“Everyone has inherent dignity and the right to have their dignity respected and
protected.”
8
Section 11 provides:
65
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