MOKGORO J primary care-giver or their parents are not South African citizens would be unconstitutional.36 They did not oppose the confirmation of the order in so far as it declared section 4(b)(ii) of the Act as amended and section 4B(b)(ii) as it appears in section 3 of the Welfare Laws Amendment Act to be inconsistent with the Constitution to the extent that they exclude children who are South African citizens from social assistance. They contended, however, that such an order of invalidity should be suspended for 18 months to enable Parliament to amend the legislation. [34] Acknowledging the plight of the applicants who are destitute and in need of care, the second respondent informed the Court that the first respondent had been urgently requested to consider extending the definition of a “South African citizen” in the Act37 to accommodate the present applicants and former refugees from Mozambique who were granted exemptions under the Aliens Control Act.38 The respondents contended that these concessions should settle the dispute between the parties and that there was therefore no need for this Court to confirm the order of invalidity in respect of subsection 3(c) of the Act. 36 The effect of these provisions is that, in terms of section 4(b)(ii) of the Act, although a child is a South African citizen, because the primary care-giver is a non-South African citizen the child cannot have access to a child-support grant. Similarly, the effect of section 4B(b)(ii) when it is introduced will be that a child, although a South African citizen, will be denied access to a care-dependency grant because his or her parent is a non-South African citizen. 37 The definition of “South African citizen” in section 1 of the Act contemplates that the Minister of Welfare and Population Development, with the concurrence of the Minister of Finance, may by notice in the Gazette extend the category of South African citizens for purposes of the Act to members of a group or category of persons defined in that notice, which is to be published in the Gazette. 38 See above n 3. 23