The matter was decided on 4 March 2004, with the court split seven to two; Justice Yvonne Mokgoro wrote the majority judgement.

All five had acquired permanent residency status in South Africa in terms of exemptions granted to eligible Mozambican citizens under the Aliens Control Act, 1991.

[1][2] When the matters came before the Transvaal Provincial Division in March 2003, the respondents (the Minister of Social Development, the Director-General of Social Development and the Member of the Executive Committee for Health and Welfare in the Northern Province) were not present or represented at the hearing.

In a majority judgment written by Justice Yvonne Mokgoro, the Constitutional Court upheld the finding of unconstitutionality, holding that the relevant provisions of the Social Assistance Act were inconsistent with the Bill of Rights.

The respondents had outlined several reasons for the existing welfare policy, including budgetary constraints and immigration policy considerations, but the court was not persuaded that these factors sufficed to justify the limitation imposed on the section 27(1)(c) right of permanent residents.