MOKGORO J
security to persons unable to support themselves and their dependants. The
only challenge to the scheme is that it denies access to non-citizens. There is
no suggestion that the scheme is otherwise inappropriate or inconsistent with
the Constitution.
[80]
I have already indicated that the exclusion of permanent residents from
the scheme is discriminatory and unfair and I am satisfied that this unfairness
would not be justifiable under section 36 of the Constitution. The relevant
considerations have been traversed above and need not be repeated. What is of
particular importance in my view, however, and can be stressed again, is that
the exclusion of permanent residents from the scheme is likely to have a severe
impact on the dignity of the persons concerned, who, unable to sustain
themselves, have to turn to others to enable them to meet the necessities of life
and are thus cast in the role of supplicants.
[81]
The denial of access to social assistance is total, and for as long as it
endures, permanent residents unable to sustain themselves or to secure
meaningful support from other sources will be relegated to the margins of
society and deprived of what may be essential to enable them to enjoy other
rights vested in them under the Constitution. Denying permanent residents
access to social security therefore affects them in a most fundamental way.
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