NGCOBO J [118] There is a further consideration that is relevant in this regard. It is this: under section 1 of the Act, the Minister for Welfare and Population Development, may, with the concurrence of the Minister of Finance, extend the definition of a citizen to include non-citizens.19 The effect of this provision is that a permanent resident who is defined as a citizen becomes eligible for social benefits under the Act. In the present case, the Minister of Welfare and Population Development with the concurrence of the Minister of Finance, actually agreed to extend the definition of citizen to include the applicants, except for the five whose applications were under consideration at the time. That offer was apparently rejected by the applicants. [119] Properly understood, therefore, the limitation of rights involved in this case is of a limited duration and is not absolute. The denial of benefits lasts for a period of five years, when a permanent resident has to wait to become a citizen by naturalisation. However, the Minister may either waive the five year waiting period or extend the definition of a citizen to include a non-citizen. Thus, even the most destitute of permanent residents, for whom waiting would lead to severe hardship, could have their condition ameliorated. The impugned 19 The relevant part of section 1 provides: “‘South African citizen’ includes any person who— ... (b) is a member of a group or category of persons defined by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette”. 74

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