MOKGORO J 1996. This grant was later withdrawn in February 1998 during a “pension clean-up” by the Northern Province provincial government in which the payment of some 94 000 grants was discontinued. He was thereafter not permitted to apply for a new grant under the Act because of his lack of South African citizenship. [4] In the case of the other applicants in both matters, their applications for old-age grants were refused because they are not South African citizens as required by the Act. In the Mahlaule matter, the first applicant attempted to apply for a child-support grant under section 4 of the Act in respect of two of her children who were then below the age of 7, but she too was not permitted to apply for the grant on the basis that she lacks South African citizenship. Another of her children, aged 12, is diabetic and would qualify for a caredependency grant under section 4B(b)(ii).4 Section 2(g) of the Act, which currently regulates the allocation of care-dependency grants, read together with regulations 5 and 95 promulgated under the Act, does not expressly preclude non-citizens from receiving care-dependency grants. Proceedings in the High Court [5] The applicants in both matters instituted motion proceedings in the High Court in which they sought to challenge the constitutionality of the relevant 4 Section 1 of the Act defines a “care-dependent child” as “a child between the ages of one and 18 years who requires and receives permanent home care due to his or her severe mental or physical disability”. 5 Government Gazette 18771 GN R418, 31 March 1998. 4