MOKGORO J [69] In President of the Republic of South Africa and Another v Hugo71 Goldstone J stated that: “At the heart of the prohibition of unfair discrimination lies a recognition that the purpose of our new constitutional and democratic order is the establishment of a society in which all human beings will be accorded equal dignity and respect regardless of their membership of particular groups. The achievement of such a society in the context of our deeply inegalitarian past will not be easy, but that that is the goal of the Constitution should not be forgotten or overlooked. ... To determine whether that impact was unfair it is necessary to look not only at the group who has been disadvantaged but at the nature of the power in terms of which the discrimination was effected and, also at the nature of the interests which have been affected by the discrimination.” [70] Citizenship is not a ground of differentiation that is specified in section 9(3) of the Constitution. In Hoffmann v South African Airways this Court held that “at the heart of the prohibition of unfair discrimination is the recognition that under our Constitution all human beings, regardless of their position in society, must be accorded equal dignity.”72 To be considered an analogous ground of differentiation to those listed in section 9(3) the classification must, therefore, have an adverse effect on the dignity of the individual, or some other comparable effect.73 71 1997 (4) SA 1 (CC); 1997 (6) BCLR 708 (CC) at paras 41-3. 72 2001 (1) SA 1 (CC); 2000 (11) BCLR 1211 (CC) at para 27. 73 Above n 71 at para 52. 43

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