Khosa and Others v Minister of Social Development and Others; Mahlaule and Others v Minister of Social Development and Others 2004 (6) SA 505 (CC)

Main Issue: Welfare or Social grant or whether or not Non - South African citizens (but permanant residents) qualify for a social grant and whether that qualifies as unfair discrimination

Findings: This case concerns an application for an order confirming the constitutional invalidity of certain provisions of the Social Assistance Act 59 of 1992. The challenged sections disqualify persons who are not South African citizens from receiving certain welfare grants. The applicants argued in the High Court that the citizenship requirement infringed their Constitutional rights to equality, social security, and the rights of children. The High Court found for the applicants and struck down the challenged provisions relating to child-support grants, care-dependency grants and old-age grants. In this Court, Mokgoro J, writing for the majority, held that the exclusion of permanent residents from the welfare scheme is not a reasonable way to achieve the realization of the right to social security. Furthermore, the Court held that the exclusion of permanent residents from the scheme is discriminatory and unfair and infringes the right to equality.