Khosa and Others v Minister of Social Development and Others; Mahlaule and Another v Minister of Social Development and Others

The applicants in both matters were Mozambican citizens who had acquired permanent residence in South Africa under various amnesties granted in terms of the repealed Aliens Control Act. They were indigent, long-term residents integrated into local communities, and would otherwise have qualified for social assistance. Their applications for old-age grants, child-support grants and care-dependency grants were refused, or existing grants withdrawn, solely because the Social Assistance Act 59 of 1992 limited eligibility for these grants to South African citizens. They challenged the constitutionality of sections 3(c), 4(b)(ii) and 4B(b)(ii) of the Act, which reserved social grants for citizens only. The High Court declared the provisions unconstitutional and referred the orders to the Constitutional Court for confirmation.

The Constitutional Court confirmed the orders declaring sections 3(c), 4(b)(ii) and 4B(b)(ii) of the Social Assistance Act unconstitutional and invalid to the extent that they limited social grants to South African citizens, thereby extending eligibility for social assistance to permanent residents.

The case is a landmark decision affirming that permanent residents enjoy substantive constitutional protection, particularly equality and socio-economic rights. It established that citizenship-based exclusion from social assistance is presumptively unfair and difficult to justify, strengthening the inclusive interpretation of social security rights in South Africa.