NGCOBO J
[118] There is a further consideration that is relevant in this regard. It is this:
under section 1 of the Act, the Minister for Welfare and Population
Development, may, with the concurrence of the Minister of Finance, extend the
definition of a citizen to include non-citizens.19 The effect of this provision is
that a permanent resident who is defined as a citizen becomes eligible for social
benefits under the Act.
In the present case, the Minister of Welfare and
Population Development with the concurrence of the Minister of Finance,
actually agreed to extend the definition of citizen to include the applicants,
except for the five whose applications were under consideration at the time.
That offer was apparently rejected by the applicants.
[119] Properly understood, therefore, the limitation of rights involved in this
case is of a limited duration and is not absolute. The denial of benefits lasts for
a period of five years, when a permanent resident has to wait to become a
citizen by naturalisation. However, the Minister may either waive the five year
waiting period or extend the definition of a citizen to include a non-citizen.
Thus, even the most destitute of permanent residents, for whom waiting would
lead to severe hardship, could have their condition ameliorated. The impugned
19
The relevant part of section 1 provides:
“‘South African citizen’ includes any person who—
...
(b)
is a member of a group or category of persons defined by the Minister, with
the concurrence of the Minister of Finance, by notice in the Gazette”.
74
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents