MOKGORO J
The amendment, when it comes into force, will change the wording in section 3
from:
“Subject to the provisions of this Act, any person shall be entitled to the
appropriate social grant if he satisfies the Director-General that he —
...
(c) is a South African citizen . . . ”24 (emphasis added)
to:
“Subject to the provisions of this Act, any person shall be entitled to the
appropriate social grant if that person satisfies the Director-General that he or
she —
...
(c) is a South African citizen”25 (emphasis added).
The substantive requirement for citizenship in section 3(c) as a basis for
qualification for access to the social grant will therefore remain intact after
amendment.
[28]
Since section 3(c) as amended had not yet been brought into force, the
High Court only gave an order dealing with section 3(c) prior to amendment by
section 3 of the Welfare Laws Amendment Act. The newly introduced section
4B(b)(ii) as it appears in section 3 of the Welfare Laws Amendment Act, which
was challenged by the applicant and struck down by the High Court as
constitutionally invalid in the Mahlaule matter, has also not yet been brought
into force.26 The only section which was challenged by the applicants in the
24
Section 3 of the Act prior to amendment by the Welfare Laws Amendment Act.
25
Section 3 of the Act after amendment by the Welfare Laws Amendment Act.
26
See above n 8.
18