oa ESR Review : Economic and Social Rights in South Africa - Towards equalising the age for accessing pensions : case review

Volume 8 Number 4
  • ISSN : 1684-260X



On 11 and 12 September 2007, the case of Christian Roberts v Minister for Social Development and Others was heard in the Pretoria High Court. It concerns a constitutional challenge to section 10 of the Social Assistance Act of 2004 (the Act) and Regulation 2(1) (the Regulation) thereto, which set the age for accessing the old age grant at 60 for women and 65 for men. According to the applicants, the differentiation violates section 9(1) of the Constitution, which guarantees the right to equality, section 9(3), which prohibits unfair discrimination based on sex and age, and section 27(1)(c), which protects the right of access to social assistance.

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