Mahlaule and Others v Minister of Social
Development and Others CCT 13/03,
(CCT 12/03) [2004] ZACC 11 provisions
of the Social Assistance Act 13 of 2004 that
excluded non-South African citizens from
applying for some social assistance grants
were declared unconstitutional. Recognised
refugees and permanent residents are now
eligible to benefit from all social assistance
grants (except the war veteran grant). This
includes the child support grant, the care
dependency grant, the foster care grant, and
the disability grant. However, an applicant
for a grant is still required to submit some
form of identity documentation, e.g., birth
certificate, ID, visa, or permit (or proof of
application for the relevant documentation).
For example, since 2009, the South African
Social Security Agency (SASSA) has
imposed a three-month restriction on child
support grants for children who are yet to
receive birth certificates. If the applicant
fails to provide a birth certificate or proof
of application, then the grant will be
terminated.