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For the applicants: P Kennedy SC instructed by the Legal Resources Centre, Pretoria. For the respondents: MTK Moerane SC and SA Nathi instructed by the State Attorney, Cape Town.

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Khosa v. Minister of Social Development; Mahlaule v. Minister of Social Development

Judgments

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Country

South Africa

Rights Involved

Right to social security
Rights of migrants/non-citizens

Issue

Non-discrimination
Resource expenditure

National Court

Constitutional Court of South Africa

Date: Mar 4, 2004

Summary: [2 cases combined] This case concerns an application for an order confirming the constitutional invalidity of certain provisions of the Social Assistance Act 59 of 1992 (the Act) granted by Claasen AJ in the Pretoria High Court. The challenged sections disqualify persons who are not South African citizens from receiving certain welfare grants. The court held such disqualifications to be unconstitutional and read in the words “or permanent resident” after the word “citizen” in each of the challenged sections. The court rejected the government's argument that the distinction between citizens and permanent residents were justified on financial grounds. This was due to the relatively small increase in expenditure which the inclusion of 'permanent residents' would have, and the detrimental effect on the dignity of the 'permanent residents' that resulted from exclusion from the acts.

Primary Documents

Khosa.pdf
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Resourcing Rights

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Khosa v. Minister of Social Development; Mahlaule v. Minister of Social Development

Primary Documents

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