MOKGORO J
2. Section 3(c) of the Social Assistance Act (prior to amendment by the
Welfare Laws Amendment Act, 106 of 1997) is struck down.
3. The order in terms of paragraphs 1 and 2 is referred to the
Constitutional Court for confirmation.
4. The second and third respondents are directed to:
4.1 pay the applicants an old-age grant within three months;
4.2 pay arrear old-age grant monies within three months
4.2.1 to the first applicant calculated from 1 November 2001;
4.2.2 to the second applicant calculated from 1 February
1998; and
4.2.3 to the third applicant calculated from 1 January 2000.
4.3 pay interest on such arrear grant monies at 15,5% per annum
calculated from the dates in the preceding paragraph within three
months.
5. The first and second respondents are directed to re-programme their
computer data-base to allow it to accept and process the claims of
non-South African citizens who qualify for social grants in terms of
the Social Assistance Act.
6. The second and third respondents are directed to:
6.1 forthwith receive and process an application for a social grant for
the persons listed on the schedule annexed to this order; and
6.2 within three months of application, either pay the persons listed
on the schedule a social grant or advise them in writing of the reasons
for the refusal of their applications.
7. The respondents are directed to pay the costs of this application.”
[8]
Similarly, in the Mahlaule matter, an order was granted in the following
terms:
“IT IS ORDERED:
1. Section 4(b)(ii) of the Social Assistance Act, 59 of 1992, as amended
by the Welfare Laws Amendment Act, 106 of 1997, is inconsistent
with the Constitution and invalid.
2. Section 4(b)(ii) of the Social Assistance Act, as amended by the
Welfare Laws Amendment Act, 106 of 1997 is struck down.
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