MOKGORO J
[71]
In Larbi-Odam74 the Court found that discrimination on the basis of
citizenship in the context of permanent employment amounted to unfair
discrimination.
With respect to permanent residents the Court had the
following to say:
“[Permanent residents] have been selected for residence in this country by the
Immigrants Selection Board, some of them on the basis of recruitment to
specific posts.
Permanent residents are generally entitled to citizenship
within a few years of gaining permanent residency, and can be said to have
made a conscious commitment to South Africa.
Moreover, permanent
residents are entitled to compete with South Africans in the employment
market. As emphasised by the appellants, it makes little sense to permit
people to stay permanently in a country, but then to exclude them from a job
they are qualified to perform.”75
With regard to the vulnerability of permanent residents, the Court in LarbiOdam found that first, foreign citizens are a minority in all countries, and have
little political muscle. Secondly, the Court felt that citizenship is a personal
attribute which is difficult to change. The respondents argued in this Court that
citizenship is not a matter within the discretion of the Minister of Home
Affairs, and that the state would be compelled to grant citizenship to persons
who have resided in South Africa for five years and who satisfy the other
criteria required for citizenship by naturalisation. Even if that were true (and it
is not necessary to decide the point) it remains so that citizenship is typically
not within the control of the individual and is, at least temporarily, a
74
Above n 66.
75
Id
44
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