High Court of South Africa, Transvaal Provincial Division –Khosa and Others v Minister of Social Development and Others (25455/02) and Mahlaule and Others v Minister of Social Development and Others (25453/02)
Court membership
Judges sitting
Chaskalson CJ, Langa DCJ, Goldstone J, Madala J, Mokgoro J, Moseneke J, Ngcobo J, O'Regan J and Yacoob J
Case opinions
The Bill of Rights prohibits the exclusion of permanent residents from the social welfare system. Provisions of the Social Assistance Act, 1992 are therefore unconstitutional.
Decision by
Mokgoro J (Chaskalson, Langa, Goldstone, Moseneke, O’Regan and Yacoob concurring)
Dissent
Ngcobo J (Madala concurring)
Keywords
Children's rights
discrimination on the basis of citizenship
rights of permanent residents
right to social assistance
section 9 of the Constitution
section 27 of the Constitution
socio-economic rights
unfair discrimination
Khosa and Others v Minister of Social Development and Others, Mahlaule and Another v Minister of Social Development and Others is a decision of the Constitutional Court of South Africa which established that it is unconstitutional to exclude permanent residents from the social welfare system on the grounds that they lack South African citizenship. The court found that provisions of the Social Assistance Act, 1992 were unconstitutional on that basis.
The matter was decided on 4 March 2004, with the court split seven to two; Justice Yvonne Mokgoro wrote the majority judgement. The holding stemmed primarily from the Constitution's section 27 socioeconomic right to access social security and social assistance, as well as from the section 9 right to freedom from unfair discrimination.
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