, LEGAL OPINION: KHOSA AND OTHERS v MINISTER OF SOCIAL DEVELOPMENT
AND OTHERS; MAHLAULE AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT
2004 (6) SA 505 (CC)
1. Introduction
The judgment in Khosa and Others v Minister of Social Development and Others;
Mahlaule and Another v Minister of Social Development 2004 (6) SA 505 (CC) is an
important Constitutional Court decision concerning the right of access to social security
under section 27 of the Constitution of the Republic of South Africa, 1996. The case
considered whether permanent residents could constitutionally be excluded from social
grants merely because they were not South African citizens. The Constitutional Court
held that the exclusion of permanent residents from social assistance was inconsistent
with the Constitution because it unfairly limited their rights to equality and dignity, as
well as their right of access to social security.1
The importance of the judgment lies in its confirmation that the constitutional
protection of social security is not restricted to South African citizens. The Court
interpreted the word “everyone” in section 27(1) broadly and emphasised that socio-
economic rights must be understood within the constitutional values of human dignity,
equality and freedom.2
2. The Right of Access to Social Security
Section 27(1)(c) of the Constitution provides that “everyone” has the right to have access
to social security, including appropriate social assistance where a person is unable to
support themselves and their dependants. Section 27(2) further requires the state to
take reasonable legislative and other measures, within its available resources, to achieve
1
Khosa and Others v Minister of Social Development and Others; Mahlaule and Another v Minister of Social
Development 2004 (6) SA 505 (CC) paras 79–85.
2
Khosa (n 1) paras 52, 85 and 104.
AND OTHERS; MAHLAULE AND ANOTHER v MINISTER OF SOCIAL DEVELOPMENT
2004 (6) SA 505 (CC)
1. Introduction
The judgment in Khosa and Others v Minister of Social Development and Others;
Mahlaule and Another v Minister of Social Development 2004 (6) SA 505 (CC) is an
important Constitutional Court decision concerning the right of access to social security
under section 27 of the Constitution of the Republic of South Africa, 1996. The case
considered whether permanent residents could constitutionally be excluded from social
grants merely because they were not South African citizens. The Constitutional Court
held that the exclusion of permanent residents from social assistance was inconsistent
with the Constitution because it unfairly limited their rights to equality and dignity, as
well as their right of access to social security.1
The importance of the judgment lies in its confirmation that the constitutional
protection of social security is not restricted to South African citizens. The Court
interpreted the word “everyone” in section 27(1) broadly and emphasised that socio-
economic rights must be understood within the constitutional values of human dignity,
equality and freedom.2
2. The Right of Access to Social Security
Section 27(1)(c) of the Constitution provides that “everyone” has the right to have access
to social security, including appropriate social assistance where a person is unable to
support themselves and their dependants. Section 27(2) further requires the state to
take reasonable legislative and other measures, within its available resources, to achieve
1
Khosa and Others v Minister of Social Development and Others; Mahlaule and Another v Minister of Social
Development 2004 (6) SA 505 (CC) paras 79–85.
2
Khosa (n 1) paras 52, 85 and 104.
