NGCOBO J
Policymakers have the expertise necessary to present a reasonable prediction
about future social conditions.
That is precisely the kind of work that
policymakers are supposed to do. Unless there is evidence to the contrary,
courts should be slow to reject reasonable estimates made by policymakers.
[129] The fact that the increase is not huge is not relevant. The fact of the
matter is that there will be an increase; how huge that increase will be, will be
determined by an increase in the number of permanent residents. What makes
it difficult to predict the number of persons who might qualify, is that there is
no clear information about the number of people who might qualify under a
more generous immigration regime. And if there is merit in the possibility that
the state could become a magnet for new immigrants seeking permanent
resident status, estimating the likely size of the pool of grant applicants and an
accurate estimate of the financial burden would be even more arduous a task.
[130] There is a further reason which is implicit in the reasons advanced by
the state. The state’s policy encourages the naturalisation process. As pointed
out earlier, temporary and permanent resident status are both precursors to the
full commitment of citizenship.21 By crafting the benefits rule so that only
citizens qualify, the statute provides a legitimate incentive for an alien to
become a citizen. The unequivocal declaration of loyalty and commitment that
21
In terms of section 26 of the Immigration Act, a holder of a work permit who has a permanent offer
for employment may be issued with a permanent residence permit. In terms of section 5 of the South
African Citizenship Act, a permanent resident qualifies for citizenship after five years.
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