CCT/13/03

[2004] ZACC 11

2004 (6) SA 505 (CC)

2004 (6) BCLR 569 (CC)

Mokgoro J

13 and 30 May 2003

4 March 2004

http://hdl.handle.net/20.500.12144/2211

Referal to Constitutional Court for confirmation of orders of constitutional invalidity arising from applications brought in the High Court. Applications were Khosa and Others v The Minister of Social Development and Others TPD Case number 25455/02 and Mahlaule and Others v The Minister of Social Development and Others TPD Case number 25453/02.

Application for confirmation. Section 3(c), 4(b) and 4B(b) of the Social Assistance Act 59 of 1992 provide for child care grants, old age grants and home care grants, but grants these only to citizens. Mokgoro J, for the majority, finds this to be an unjustifiable limitation on the rights to equality and access to social security of permanent residents. Ngcobo J (diss.) holds that the exclusion of permanent residents from the welfare scheme is a justifiable limitation except where it applies to children.