STUDENT NUMBER: 64772128

NAME: RADINGWANA KGOTLELELO

MODULE: CPD 1501

UNIQUE NUMBER: 800158

ASSIGNMENT: 02
The application’s refusal for old-age grants

• The applicant’s refusal for old-age grants is not Constitutional, because the citizen
had acquired permanent residence, it’s really seems that they had received an offer
for permanent resident and also as a foreigners they’ve entitled to the rights,
privileges, duties and Obligations of a citizen, which a law or the Constitution
explicitly ascribes to citizenship. This is regulated by Section 25 ACT 19 0of 2004.
Permanent resident status also entitled a foreigner to receive Social grant benefits.

• In this case the applicants challenged the constitutionality of section 3 of the Social
Assistance ACT 59 of 1992 which reserves social grant for aged South Africa citizens.
The applicants contended that the exclusion of all non-citizens from the scheme is
inconsistent with the state’s obligations under section 27 of the Constitution to
provide access to social security to everyone, their limited of rights to equality and
was unfair under the section 9 of the Constitution and that that limitation was
unjustifiable under Section 36 of the Constitution.

• In conclusion of this refusal for old age grants according to Constitution, the citizens
were supposed to get assistance through their applications for old age grants,
because they’ve acquired permanent residence status in South Africa, it’s really
shows that those foreigners they’ve spended many years in South Africa that why
they’ve also got an Access of getting permanent resident in South Africa. So
spending many years in the country according to the Constitution that means they
are citizens of South Africa, so permanent resident after the word “Citizen” from the
Section 3 of the Social Assistance ACT 59 of 1992, prior to amendment by the
welfare laws Amendment ACT 106 of 1997. Should declared to be inconsistent with
the Constitution, so they were supposed to get assistance through their applications
for old age grants indeed because they are generally entitled to citizenship means
they also have South African’s IDs. So within a few years of gaining permanent
residency and we can say that they’ve have made a conscious commitment to South
Africa. 1

1
University of South Africa Tutorial Letter 1501/2019. Citizenship, Public Participation and Democracy