MOKGORO J
3.1. The omission of the words “or permanent resident” after the word
“citizen” from that part of section 3 of the Welfare Laws
Amendment Act which is to introduce section 4B(b)(ii) into the
Social Assistance Act 59 of 1992 is declared to be inconsistent with
the Constitution.
3.2. That part of section 3 of the Welfare Laws Amendment Act 106 of
1997 which is to introduce section 4B(b)(ii) into the Social
Assistance Act 59 of 1992 is to be read as though the words “or
permanent residents” appear after the word “citizens”.
4. The first and second respondents are ordered, jointly and severally, to
pay the costs of the confirmation proceedings.
Chaskalson CJ, Langa DCJ, Goldstone J, Moseneke J, O’Regan J and Yacoob J
concur in the judgment of Mokgoro J.
NGCOBO J:
63
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