Khosa v. Minister of Social Development
South Africa Constitutional Court
2004 (6) SA 505 (2004)
- Written by Curtis Parvin, JD
Facts
Louis Khosa and others (the Mozambicans) (plaintiffs) all immigrated from Mozambique to South Africa and became permanent residents but not citizens of South Africa. If the Mozambicans were citizens of South Africa, they would be entitled to social-assistance programs offered by South Africa. However, the law governing social-assistance programs excludes noncitizens. The Mozambicans sued the minister of social development and other government representatives (the government) (defendants), alleging that the Mozambicans’ exclusion from the social-assistance programs was an unconstitutional interference with their right to human dignity, equality, and freedom. The South African high court ruled in favor of the Mozambicans, but because the issue concerned the constitutionality of the applicable statutes, the high court’s decision was unenforceable unless the Constitutional Court ruled on the issue.
Rule of Law
Issue
Holding and Reasoning (Mokgoro, J.)
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