NGCOBO J [135] However, the same cannot be said of the limitation imposed by sections 4(b)(ii) and 4B(b)(ii) of the Act. Foster child grants under section 4A are not subject to a citizenship requirement. Yet the child support grants under section 4 and the care-dependency grants under section 4B are subject to a citizenship requirement. The children referred to in sections 4(b)(ii) and 4B(b)(ii) may be South African citizens. It matters not according to these provisions. What matters is whether their primary caregiver or parent is a South African citizen. [136] These provisions therefore deny the assistance to some citizens, while affording benefits to other citizens. What is more, they fail to take sufficient account of section 28(2) of the Constitution. That section reminds us that “[a] child’s best interests are of paramount importance in any matter concerning the child.” The exclusion of the children from these benefits cannot therefore be reasonable and justifiable in terms of section 36. The respondents very properly conceded that such exclusion cannot be justified. [137] But, there is a problem with section 4B(b)(ii). That problem arises because that section will be introduced by section 3 of the Welfare Laws Amendment Act 106 of 1997. operation. Section 3 has not yet been brought into Does the fact that it has not yet been brought into operation preclude a court from pronouncing on its constitutional validity? 82