NGCOBO J limit social grants, child support grants and care dependency grants respectively, to South African citizens. [100] The applicants, who are permanent residents, meet all the requirements for social welfare grants save for the requirements of citizenship. They contend that the citizenship requirement in sections 3(c), 4(b)(ii) and 4B(b)(ii) is inconsistent with the Constitution. For this contention, they rely, in particular, on the right to have access to social security5, to equality6, to human dignity7, to life8 and to children’s rights.9 4 Section 4B(b)(ii) will be introduced by section 3 of the Welfare Laws Amendment Act 106 of 1997. See n 8 of the main judgment. 5 Section 27 provides: “(1) Everyone has the right to have access to— (a) health care services, including reproductive health care; (b) sufficient food and water; and (c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. (2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights. (3) No one may be refused emergency medical treatment.” 6 Section 9 provides: “(1) ... (3) ... (5) 7 Everyone is equal before the law and has the right to equal protection and benefit of the law. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.” Section 10 provides: “Everyone has inherent dignity and the right to have their dignity respected and protected.” 8 Section 11 provides: 65

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