MOKGORO J [54] The respondents averred that citizenship is a requirement for social benefits in “almost all developed countries”.56 That may be so in respect of certain benefits. But unlike ours, those countries do not have constitutions that entitle “everyone” to have access to social security, nor are their immigration and welfare laws necessarily the same as ours. [55] The respondents contended that immigrants, before entering the country, are required to show self-sufficiency in order to qualify for permanent residence status. They are only restricted from accessing the right in question for a temporary period of five years, after which they can apply for citizenship by reason of naturalisation. On receipt of citizenship, they would have a right to social security. In their submission, any infringement of the right was therefore only of a temporary nature. They did not, however, offer any justification for denying the right to permanent residents during this five-year period. [56] In essence, the Constitution properly interpreted provides that a permanent resident need not be a citizen in order to qualify for access to social security. Justifying the restriction of that right of access by the fact that the South African Citizenship Act 88 of 1995 allows them to apply under exceptional circumstances for naturalisation,57 and thereby obtain access to the 56 The respondents referred to the position in the United States, Canada and the United Kingdom. 57 See section 5(9). 34

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