NGCOBO J
an alien can give to a country is through naturalisation and taking the oath of
allegiance. After this a permanent resident becomes a citizen and thus qualifies
for social security benefits.
[131] I accept that the applicants were entitled to test the validity of the
impugned provisions. However, one should not lose sight of the fact that the
applicants have lived in this country since the 1980s. They, therefore, qualify
for naturalisation and acquisition of citizenship in South Africa. None have
applied, nor have any advanced reasons why they have not applied. Had they
applied for citizenship or even sought an exception, they would have qualified
for social security benefits under the statutes. I draw attention to this fact to
illustrate the limited nature and impermanence of the limitation involved in this
case. Unlike the case of minors, these adult non-citizens are quite capable of
obtaining citizenship but have chosen not to exercise their option.
[132] The state’s management and control of the immigration process is a
legitimate purpose.
No careful immigration policy can foresee that an
immigrant once admitted will fall upon hard times and thus become unable to
provide for him or herself. The policy of the Act is to admit only those who are
self-sufficient and will not be a burden on the state. This is in any event a
temporary phase, for after they have been permanent residents for five years,
they may qualify for citizenship.
However, the immigrants who become
destitute are not abandoned to destitution. As pointed out earlier, they can seek
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