MOKGORO J
3. Section 4B(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.
4. Section 4B(b)(ii) of the Social Assistance Act, as amended by the
Welfare Laws Amendment Act, 106 of 1997 is struck down.
5. The order in terms of paragraph 1 to 4 is referred to the
Constitutional Court for confirmation.
6. The second and third respondents are directed to:
6.1 pay a child-support grant to the first and second applicants within
three months;
6.2 pay the first and second applicants arrear grant monies calculated
from 1 April 2002 within three months; and
6.3 pay the first and second applicants interest on such arrear grant
monies at 15.5% per annum and within three months.
7. The second and third respondents are directed to:
7.1 forthwith receive and process an application for a child support
grant for the persons listed on the schedule attached to this order; and
7.2 within three months of application, either pay them a childsupport grant or advise them in writing of the reasons for the refusal
of their application.
8. The respondents pay the costs of this application.”
[9]
The effect of the orders of the High Court is to oblige the state to provide
social assistance under the Act to all “residents” who qualify for such
assistance, irrespective of their citizenship. Unless “resident in the Republic” is
construed narrowly to cover only permanent residents this implies an obligation
on the state to provide assistance to both permanent and temporary residents.
[10] The matter was dealt with in the High Court as an unopposed application
and an order was made by the judge without giving reasons. An order of
constitutional invalidity made by a High Court is of no force and effect unless
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