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PREAMBLE 

SINCE the Constitution of the Republic of South Africa, 1996 (Act No.108 of 1996), provides that everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance, and obliges the state to take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights;

 AND SINCE the effective provision of social assistance requires uniform norms and standards, standardized delivery mechanisms and a national policy for the efficient, economic and effective use of the limited resources available for social assistance and for the promotion of equal access to government services;

THEREFORE in order to prevent the proliferation of laws, policies and approaches to execution thereof from materially prejudicing the beneficiaries or recipients of social security as well as the economic interests of provinces or the Republic as a whole or from impeding the implementation of a national social assistance economic policy;

AND in order to assist in securing the well-being of the people of the Republic and to provide effective, transparent, accountable and coherent government in respect of social assistance for the Republic as a whole,

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: -

1 Definitions

2. Application of Act

3. Objects of Act

4. Payment of social grants

5. Social grants

6. Child support grant

7. Child Disability grant

8. Foster child grant

9. Disability grant

10. Older person's grant

11. War veteran's grant

12. Grant-in-aid

13. Financial awards to welfare organisations and persons

14. Application for social assistance

15. Appointment of procurator

16. Discontinuation of payment to persons absent from the Republic

17. Recovery of sums overpaid

18. Appeal

19. Misuse of social assistance

20. Restrictions on transfer of rights and payments of social assistance

21. False representations

22. Information to be furnished to administrator

23. Power of administrator to investigate

 
CHAPTER 4

24. Functions

(iv) "child" means a person under the age of 18 years;

6. "care-dependent child" means a child between the ages of one and 18 years who requires and receives permanent care due to his or her severe mental or physical disability;
7. "Department" means the Department of Social Development in the national sphere of government;
8. "dependent" means a person who is wholly or partially financially dependent on a beneficiary and whom the beneficiary is legally obliged to support and is in fact supporting;

(ix) "Executive Director" means the person appointed in terms of section 27(2);

9. "foster child" means a child who has been placed in the custody of a foster parent in terms of Chapter 3 or 6 of the Child Care Act, 1983 (Act No.74 of 1983), or section 290 of the Criminal Procedure Act, 1977 (Act No.51 of 1977), or a tutor to whom a letter of tutorship has been issued in terms of Chapter IV of the Administration of Estates Act, 1965 (Act No 66 of 1965);

12. "grant" means income support awarded to an eligible beneficiary;

(xiii) "Inspectorate" means the Inspectorate established in terms of section 25;

13. "Minister" means the Minister of Social Development in the national sphere of Government;
14. "parent" means a parent as defined in the Child Care Act, 1983 (Act No.74 of 1983);
15. "prescribed" means prescribed by regulation;
16. "primary care giver", means a person older than 16 years, whether or not related to a child, who takes primary responsibility for meeting the daily care needs of that child;

(xviii) "regulation" means a regulation made in terms of this Act;

(xix) "social assistance" means a grant in terms of this Act;

(xx) "South African citizen" means a person who has acquired citizenship in terms of

Chapter Two of the South African Citizenship Act, 1995 (Act No.88 of 1995) and

includes any person who is -

1. not a South African citizen and who prior to 1 March 1996 was in receipt of a benefit similar to a grant in terms of any law repealed by section 20 of the Social Assistance Act, 1992 (Act No.59 of 1992); or
2. a member of a group or category of persons prescribed by the Minister, with the concurrence of the Minister of Finance, by notice in the Gazette;

1. "Treasury" means the National Treasury established by section 5 of the Public Finance Management Act, 1999 (Act No.19 of 1999);
2. 'this Act" includes the regulations.

 2. A person who is not a South African citizen has the same rights and obligations in terms of this Act as a South African citizen if an agreement between the Republic and the country of which that person is a citizen, which has been ratified as contemplated in section 231(2) of the Constitution, makes provision for this Act to apply to a citizen of that country who resides in the Republic.

3. The objects of this Act are to -

 4. The Minister must in concurrence with the Minister of Finance, out of moneys appropriated by Parliament for that purpose, make available, as provided for in this Act -

5. A person is entitled to the appropriate social assistance grant if he or she satisfies an administrator that he or she -

6. A person is subject to section 5 eligible for a child support grant if he or she satisfies an administrator that he or she is the primary care giver of that child.

7. A person is subject to section 5 eligible for a care dependency grant if he or she satisfies an administrator that -

8. A foster parent is subject to section 5 eligible for a foster child grant for as long as that child needs such care if he or she satisfies an administrator that -

12. A beneficiary is subject to section 5 eligible for a grant-in-aid if he or she satisfies an administrator that he or she requires regular attendance by another person due to his or her own physical or mental disability.

13. The Minister may, subject to the provisions of this Act and with the concurrence of the Minister of Finance, out of moneys appropriated by Parliament for that purpose, make financial awards to

14.(1) Any person who wishes to apply for social assistance contemplated in sections 6 to 12 must do so in the prescribed manner.

(2) In considering an application made in terms of subsection (1), the administrator may conduct an investigation and request such additional information as he or she deems necessary in respect of that application.

(3) If the applicant qualifies for social assistance in terms of this Act, the administrator must authorise the rendering of the relevant social assistance.

(4) No person may divulge any personal information of an applicant furnished in respect of an application except -

1. to a person who requires it in order to perform a function in terms of this

Act; or

(b) when required to do so by law or by an order of court.

 

Appointment of procurator

 

15. (1) A person applying for or receiving social assistance may appoint a procurator, by a power of attorney to apply or receive social assistance on his or her behalf in accordance with the prescribed requirements.

(2) In the case of a person with a disability or an older person who is unable to complete a power of attorney, an administrator may nominate an adult to receive the grant on the beneficiary's behalf, provided that the person so nominated satisfies the prescribed conditions.

(3) Stamp duty is not payable in respect of a power of attorney given by an applicant to any person to apply for social assistance on his or her behalf or in respect of power of attorney given by a beneficiary to any person to receive payment of any grant on his or her behalf.

 

Discontinuation of payments to persons who are absent from Republic

 

16. (1) The administrator must immediately discontinue the payment of a grant to or on behalf of a person when that person is absent from the Republic for a continuous period exceeding six months.

(2) If the administrator has discontinued the payment of a grant to or on behalf of a person in terms of subsection (1), he or she may upon application by the beneficiary or a person authorised by this Act to act on that beneficiary's behalf resume payment of such a grant, subject to such conditions as he or she may determine.

 

Recovery of sums overpaid

 

17 (1) If money is paid to a person in the belief that he or she is entitled thereto in terms of this Act or any law repealed by this Act, but he or she was not entitled thereto, the amount of money so paid is an amount due and payable to the State by such a person or, if he or she is deceased, by his or her estate.

(2) The Minister may, in concurrence with the Minister of Finance, write off the whole or any portion of an amount owing by a person to the State in terms of this section, if recovery of such amount would be uneconomical or cause undue hardship to the debtor concerned or his or her dependents because they would be deprived of the minimum essential means of livelihood.

 Appeal

18. (1) If an applicant disagrees with a decision made by an administrator in respect of a matter regulated by this Act, such a person or person acting on his or her behalf may within 90 days of his or her gaining knowledge of that decision in writing lodge an appeal to the Minister against that decision, setting out the reasons why the Minister should vary or set aside that decision.

(2) The Minister may after consideration of the appeal and the administrator's reasons for the decision -

(a) vary or set aside that decision; or

(b) appoint an independent tribunal to consider the appeal in accordance with the conditions prescribed by the Act, and that tribunal may after consideration of the matter in accordance with the rules of administrative justice vary or set aside that decision or make any other decision which is just.

(3) The Minister must in writing appoint a tribunal to consider an appeal in accordance with the prescribed conditions.

 

Misuse of social assistance

 19. If a beneficiary, a procurator appointed under section 15, a primary care giver or an applicant misuses a grant an administrator may -

(a) suspend payment of the grant in question; or

2. appoint a person to receive the grant on behalf of the beneficiary and to

apply it the benefit of that beneficiary, subject to any condition the administrator may prescribe.

 

Restrictions on the transfer of rights and payments of social assistance

 

20. (1) A person entitled to receive social assistance in terms of this Act or anyone acting on his or her behalf may not transfer, cede or pledge such right.

(2) A beneficiary or anyone acting on his or her behalf may not transfer, cede, pledge, encumber or in any way dispose of any amount payable or received in respect of right to social assistance.

(3) Any action contrary to subsections (1) and (2) is void and the Minister may order that a payment of the amount in question must be withheld, suspended or terminated, as the case may be.

(4) A beneficiary must receive the full amount of a grant before a service provider may make deductions in respect of that amount.

(5) An amount that has accrued to a beneficiary in terms of this Act may not be ait ached or subjected to any form of execution under a judgement or order of a court or by law, or form part of his or her insolvent estate.

 

False representations

21. (1) If a person, when applying for social assistance, furnishes information which he or she knows to be untrue or misleading in a material respect or makes a representation which to his or her knowledge is false, in order that he or she or another person may -

(a) obtain or retain social assistance to which he or she is not entitled in terms of this Act;

(b) obtain social assistance in excess of that to which he or she is entitled in terms of this Act,

he or she is guilty of an offence.

(2) If any person receives social assistance knowing that he or she is not entitled thereto, he or she is guilty of an offence.

 

Information to be furnished to administrator

 

22. (1) Notwithstanding anything to the contrary in any law contained, an organ of the state must at the request of the Minister and subject to subsection (3) furnish the Minister with such information relating to an applicant or beneficiary as may be prescribed or any other information relating to an applicant or beneficiary as the Minister may require.

(2) A financial institution referred to in the definition of "financial institution" in section 1 of the Financial Services Board Act, 1990 (Act No.97 of 1990) must, notwithstanding anything to the contrary in any law contained, at the request of the Minister and subject to subsection (3) furnish the Minister with such information relating to an applicant or beneficiary's assets and investments as may be prescribed or any other information relating to an applicant or beneficiary as the Minister may require.

(3) A person who furnishes information obtained before the commencement of this Act to the Minister in terms of subsections (1) or (2) must when doing so in writing inform the person concerned of that fact.

(4) A person who after the commencement of this Act applies for a grant in terms of this Act agrees and acknowledges by making such an application that any other person who or which holds personal information relevant to that application may without requesting permission from that person make that information available to the Minister.

Power of administrator to investigate

23. (1) An administrator may in the performance of his or her function, inquire into any matter concerning the rendering of social assistance, and may for such purpose -

(a) subpoena any person who in his or her opinion can furnish information of material importance concerning the matter under investigation, or who is reasonably assumed of having in his or her possession or care or under his or her control a book, document or thing that may have a bearing on the investigation, to appear within reasonable period before him or her and to produce that book, document or thing, as the case may be;

(b) administer an oath to or cause that person to make an affirmation if that person was or could have been subpoenaed in terms of paragraph (a) and he or she is present at the enquiry;

(c) cross-examine any person referred to in paragraph (b).

(2) A subpoena to appear before an administrator must be in the prescribed form and must be served on the person by registered mail or in the same manner in which it would have been served if it were a subpoena issued by the clerk of a magistrate's court.

(3) The legal rules with regard to privilege which are applicable in the case of a person who has been subpoenaed to give evidence or to produce a book, document or thing before a court of law, apply in respect of the examination of a person or the production of a book, document or contemplated in subsection (1).

 

CHAPTER 4

NATIONAL DEPARTMENT

 Functions

24. The Department must in respect of social assistance -

(a) develop, promote and co-ordinate the national policy framework in respect of social assistance grants as approved by the Minister;

(b) advise the Minister on the implementation of uniform norms and standards for service delivery;

(c) monitor and assess the implementation of this Act, including the prescribed norms and standards applicable to an administrator, in respect of social assistance service delivery;

(d) advise the Minister on the making of regulations to ensure the 'effective administration of the Act;

(e) assist administrators in building capacity for efficient, effective and transparent service delivery; and

(f) maintain a national data base of all applicants and beneficiaries of social assistance grants.

 

CHAPTER 5

INSPECTORATE FOR SOCIAL ASSISTANCE

 

Inspectorate for Social Assistance

 25.(1) This Act hereby establishes an Inspectorate for Social Assistance which functions independently from both the Department and the South African Social Security Agency established by the South African Social Security Agency Act, 2003.

(2) The Inspectorate is established as an organisational component contemplated in schedule 3 to the Public Service Act, 1994.

(3) The Public Service Act, 1994, applies to the Inspectorate to the extent that this Act does not provide to the contrary.

(4) The Minister exercises final responsibility over the Inspectorate.

(5) To enable the Minister to exercise his or her final responsibility in terms of subsection (4), the Executive Director must, at the request of the Minister-

(a) furnish him or her with information or a report with regard to any case, matter or subject dealt with by the Executive Director in the exercise of his or her functions, the carrying out of his or her duty and the performance of his or her functions; and

(b) provide him or her with reasons for any decision taken by the Executive Director or any employee of the Inspectorate in the exercise of his or her powers, the carrying out of his or her duties or the performance of his or her functions.

 

Independence of Inspectorate

 

26. (1) No person may in any way interfere with, hinder or obstruct any member of the Inspectorate in the exercise and performance of his or her powers and functions.

(2) A person who contravenes subsection (1) is guilty of an offence.

(3) All organs of state must accord such assistance as may be reasonably required for the protection of the independence, impartiality, dignity and effectiveness of the Inspectorate in the exercise and performance of its powers and functions.

 

Funding and employees of Inspectorate

 27. (1) The Inspectorate is funded by money appropriated by Parliament for that purpose.

(2) The Minister must in concurrence with the national Cabinet appoint an Executive Director to head the Department.

(3) The Executive Director reports and is accountable directly to the Minister.

(4) The Executive Director must subject to law governing the public service appoint suitable persons as employees of the Inspectorate in accordance with an organisational establishment approved by the Minister.

(5) The terms and conditions of service of the employees of the Inspectorate are determined by Law governing the public service.

(6) A document, issued by the Executive Director in the prescribed form, certifying that a person is an employee of the Inspectorate and has been authorised to exercise the powers and perform the duties contemplated in this Act, is prima facie proof of those facts.

(7) The Executive Director may at any time withdraw a document made under subsection (6), and a person in possession of such a document must forthwith upon being informed of such a withdrawal surrender that document to the Executive Director.

(8) A person who fails or refuses to comply with subsection (7), is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

(9) A person who wilfully discloses any information in respect of the operations of the Inspectorate, the Department or the South African Social Security Agency in circumstances in which he or she knows or could reasonably be expected to know that such disclosure would or may prejudicially affect the operations of the Inspectorate, the Department or the South African Social Security Agency, is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years.

 

Functions of Inspectorate

 28. (1) The Inspectorate must in the South African Social Security Agency -

(a) ensure the maintenance of the integrity of the social security systems;

(b) execute internal financial audits and audits on compliance with regulations;

(c) investigate fraud, corruption and other forms of financial and service mismanagement; and

(d) in general, do everything necessary to combat the abuse of social assistance.

(2) The lnspectorate

(a) may of its own accord or upon receipt of a complaint, investigate any misconduct or offence in respect of social assistance allegedly committed, whether under or in terms of this Act or any other law, by any employee of the Inspectorate, the Department or the South African Social Security Agency, an applicant, a beneficiary, a procurator appointed under section 15, a primary care giver or any other person, and may, where appropriate, refer such investigation to the South African Police Service or the Inspectorate of Special Operations established by section 7(1 )(a) of the National Prosecuting Authority Act, 1998 (No.32 of 1998); and

(b) may investigate any matter in respect of social assistance referred to the Inspectorate by the Minister, the Director-General or the Chief Executive Officer of the South African Social Security Agency.

(3) The Minister may, at the request of and in consultation with the Executive Director, authorise those employees of the Inspectorate identified by the Executive Director to perform the functions contemplated in subsections (1) and (2) and to exercise the powers contemplated in section 28 or any other law.

(4) The Executive Director must, subject to this Act and all other applicable law and with the concurrence of the Minister, issue instructions in respect of the functions contemplated in subsections (1) and (2) which the Inspectorate must comply with, including amongst other things regarding

(a) lodging and processing of complaints;

(b) recording and safe-guarding of information and evidence;

(c) disclosure of information;

(d) the making of findings and recommendations; and

(e) any matter incidental to the matters referred to in paragraphs (a) to (d).

(5) The Minister must subject to this Act and all other applicable law prescribe procedures regarding the protection of the identity and integrity of a complainant or other source of information.

 

Power of Inspectorate to request information and to subpoena

 29. (1) An organ of the state must subject to legislation governing that organ of state and subject to subsection (3) at the request of the Executive Director furnish the Executive Director with such information relating to an applicant or beneficiary as the Minister may prescribe or any other information relating to an applicant or beneficiary as the Executive Director may require.

(2) A financial institution referred to in the definition of "financial institution" in section 1 of the Financial Services Board Act, 1990 (Act No.97 of 1990) must at the request of the Executive Director subject to any applicable law governing the publication of information held by that institution and subject to subsection (3) furnish the Executive Director with such information relating to an applicant or beneficiary's assets and investments as the Minister may prescribe or any other information relating to an applicant or beneficiary as the Executive Director may require.

(3) Any person who in terms of subsections (1) or (2) furnishes information obtained by that person before the commencement of this Act must when doing so in writing inform the person about whom such information is so furnished of that fact.

(4) Any person who after the commencement of this Act in terms of this Act applies for a grant by making such an application agrees and acknowledges that any other person who or which holds personal information relevant to that application may without requesting permission from that person make that information available to the Executive Director.

(5) An employee of the Inspectorate authorised in terms of section 28(3) may for purposes of performing the functions contemplated in subsections (1) and (2)(a) of section 28 -

(a) subpoena a person who in his or her opinion can furnish information of material importance concerning a matter under investigation, or who is reasonably assumed of having in his or her possession or care or under his or her control a book, document or thing that may have a bearing on the investigation, to appear before him or her within reasonable period and to produce that book, document or thing, as the case may be;

(b) administer an oath to or cause that person to make an affirmation if that person was or could have been subpoenaed in terms of paragraph (a) and he or she is present at the enquiry;

(c) cross-examine any person referred to in paragraph (b).

(6) A subpoena to appear before an the employee contemplated in subsection (5) must be in the prescribed form and must be served on the person by registered mail or in the same manner in which it would have been served if it were a subpoena issued by the clerk of a magistrate's court.

(7) The legal rules with regard to privilege which are applicable in the case of a person who has been subpoenaed to give evidence or to produce a book, document or thing before a court of law, apply in respect of the examination of a person or the production of a book, document or contemplated in subsection (5).

 

General power to enter, search and seize

 30. (1) An employee of the Inspectorate authorised in terms of section 28(3) (in this section and sections 31 and 32 referred to as an "inspector") may in respect of the Inspectorate's functions exercise all powers provided for in this section and section 31 and section 32 in respect of an offence in terms of this Act or any other applicable law regarding social assistance which is being or has been committed, is likely to be committed or in respect of which preparations or arrangements for the commission of such an offence are being or are likely to be made on or in any premises (in this section and sections 31 and 32 referred to as the "alleged offence").

(2) An entry, search and seizure under section 31 or section 32 must be -

 

(a) conducted with strict regard to decency and order, including the protection of a person's right to dignity, to freedom and security and to privacy; and

(b) executed by day unless the execution thereof by night is justifiable.

(3) The seizure of a document or thing under section 31 or section 32 must be effected by removing it from the premises concerned or, if that removal is not reasonably practicable, by sealing or otherwise safeguarding it on or in the premises.

(4) An inspector who may under section 31 or section 32 enter and search any premises-

(a) must, immediately before the entry, audibly in an official language of the Republic demand admission to the premises and make known the purpose of the entry and search, unless there are reasonable grounds for believing that a document or thing in respect of which the search occurs, may be destroyed, disposed of or tampered with if that admission is first demanded and that purpose is made known;

(b) may use the force that is reasonably necessary to overcome resistance to the entry or search or the seizure of a document or thing;

(c) may utilise or request the assistance of any person to identify any document or thing which has a bearing on the alleged offence or to otherwise conduct the entry or search or the seizure of any document or thing, and such person must subject to subsection (8) comply with that request.

(5) A person from whose possession or control a document has been removed under section 31 or section 32 may, at his or her own expense and under the supervision of an inspector, make copies thereof or excerpts therefrom.

(6) An inspector who removes a document or thing from any premises under section 31 or section 32 must issue a written receipt to the person who is the owner or in possession or in control thereof or, if that person is not present, affix it to a prominent place on the premises.

(7) If an inspector removes a document or thing from any premises under section 31 or section 32, he or she must forthwith place that document or thing within a place of safekeeping which is specifically designated for this purpose by the Executive Director and to which access is restricted, and he or she must then attach an identifying label or mark to it and enter the relevant details thereof in a register specifically kept by the Inspectorate for this purpose.

(8) An inspector requesting information from a person in terms of section 31 or section 32 must, before so requesting information, inform the person in a language that that person reasonably understands of-

(a) the right to remain silent; and

(b) the consequences of not remaining silent.

(9) Subject to subsections (10) and (11), any document or thing seized under section 31 or section 32 must be disposed of in accordance with the applicable provisions of the Criminal Procedure Act, 1977 (Act No.51 of 1977), as if it had been seized in terms of that Act.

(10) If criminal proceedings are not instituted in connection with a document or thing seized under section 31 or section 32 within a reasonable time after the seizure or, if it appears that the document or thing is not required in criminal proceedings for the purposes of evidence or an order of court, it must -

(a) be returned to the person from whom it was seized or, if that person may not lawfully possess it, to the person who may lawfully possess it or dispose of it; or

(b) be released from the safeguarding on or in the relevant premises,

as the case may be.

In criminal proceedings in connection with a document or thing seized under section 31 or

32, the court concerned may, without limiting any other powers of the court, order that-

(a) if the document or thing is the subject of an offence in terms of this Act, it be destroyed;

(b) the document or thing be released to a specified person.

 

Powers of Inspectorate to enter, search and seize with warrant

 31.(1) A magistrate or a judge of a High Court must issue a warrant to an inspector if it appears to that magistrate or judge, as the case may be, from information on oath or affirmation that there are reasonable grounds for believing that a document or thing that has a bearing on an alleged offence or any matter contemplated in subsections (1) or (2)(a) of section 28-

(a) is or will be in the possession or under the control of any person or on or in any premises within the area of jurisdiction of that magistrate or judge; and

(b) cannot reasonably be obtained otherwise.

(2) The warrant contemplated in subsection (1) must specify which of the acts contemplated in subsection (4)(a) to (f) the inspector may perform.

(3) The warrant may be issued on any day and at any time and is and remains of force until-

(a) it is executed;

(b) it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority;

(c) the expiry of three months from the day of its issue; or

(d) the purpose for which the warrant was issued no longer exists, whichever may occur first.

(4) If an inspector suspects that an alleged offence may be committed, he or she may, on the authority of a warrant issued under subsection (2) and subject to subsection (5) -

(a) enter the premises and search the premises or the person referred to in the warrant or the owner or person in control of the premises, and there make the enquiries he or she considers necessary;

(b) examine any document or thing found on or in the premises, and make copies of or make extracts from that document;

(c) request the owner or person in control of the premises or any person in whose possession or control that document or thing is, or who may reasonably be expected to have the necessary information, to furnish information regarding that document or thing;

(d) seize for further examination or safe custody any document or thing on or in the premises which has a bearing on the alleged offence;

(e) seal or otherwise safeguard any premises on or in which any document or thing which has a bearing on an alleged offence is found;

(f) take the steps that he or she considers necessary to terminate or prevent the commission of an alleged offence.

(5) An inspector must, immediately before commencing the execution of a warrant -

(a) identify himself or herself to the person referred to in the warrant or the owner or person in control of the premises, if such person is present;

(b) hand to such person a copy of the warrant or, if the person is not present, affix that copy to a prominent place on the premises;

(c) supply such person at his or her request with relevant particulars regarding his or her authority to execute the warrant.

(6) Any person affected by a warrant referred to in subsection (1) may apply to a competent court to have that warrant set aside.

 

Powers of Inspectorate to enter, search and seize without warrant

 32. (1) An inspector may subject to subsection (2) without a warrant -

(a) enter any premises, if the person who is competent to do so consents to that entry, and the inspector perform such of the acts contemplated in subsection (4)(a) to (f) of section 31 which the person who is competent to do so consents to; or

(b) enter any premises other than a private dwelling and perform any of the acts contemplated in subsection (4)(a) to (f) of section 31, except the search of any person, if there are reasonable grounds for believing that-

(i) a warrant would be issued to the inspector under subsection (1) of section 31 if the inspector were to apply for that warrant; and

(ii) the delay in obtaining that warrant would defeat the purpose of the entry.

(2) An inspector must, immediately before entering premises in accordance with subsection (1) audibly identify himself or herself in an official language of the Republic.

(3) Any act performed by an inspector by virtue of subsection (1) (b) will cease to have any legal effect or must be discontinued, as the case may be, unless a magistrate or a judge of a High Court having jurisdiction in the area where the acts were performed, confirms those acts on the application of an inspector brought within 10 days of the day on which those acts were performed.

(4) Any person affected by an order referred to in subsection (3) may apply to a competent court to have the order set aside.

 

CHAPTER 6

GENERAL PROVISIONS

 

Delegation

 33. (1) The Minister may in writing-

(a) delegate to the Director-General: Social Development, an administrator, a staff member of the Inspectorate for Social Security or an officer of the Department any power conferred upon the Minister by this Act, except the power to make regulations;

(b) authorise the Director-General: Social Development, an administrator, a staff member of the Inspectorate for Social Security or an officer of the Department to perform any duty imposed upon the Minister by this Act.

(2) The Director General: Social Development may in writing-

(a) delegate to a staff member of the Inspectorate for Social Security or any officer of the Department any power delegated to him or her in terms of subsection (1)(a);

(b) authorise that staff member or officer to perform any duty which he or she has been authorised to perform in terms of subsection (1)(b).

(3) Any person to whom a power has been delegated or who has been authorised to perform a duty in terms of subsections (1) or (2), must exercise that power or perform that duty subject to the conditions determined by the person who effected the delegation or granted the authorisation.

(4) Any delegation of a power or authorisation to perform a duty under subsection (1) -

(a) does not prevent the person who effected the delegation or granted the authorisation from exercising that power or performing that duty himself or herself;

(b) may at any time be withdrawn in writing by the person who effected the delegation or granted the authorisation.

 

Offences

 34. Any person who-

(a) hinders or obstructs the Director-General: Social Development, an employee of the Department or an administrator in the performance of his or her functions under or in terms of this Act;

(b) refuses or fails to comply with a requirement or request which the administrator or an employee of the Inspectorate has lawfully set or made in the performance of his or her functions under or in terms of this Act;

3. intentionally furnishes the Administrator or an employee of the Inspectorate with false or misleading information;
4. has been subpoenaed under section 22 or 29 and fails, without sufficient cause to

is guilty of an offence.

 35. A person convicted of an offence in terms of this Act is liable, unless differently provided for, to a fine or imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment.

 36.(1) The Minister may subject to subsection (2) make regulations regarding -

(2) The Minister must make regulations with the concurrence of the Minister of Finance if the regulations apply to -

37(1) This Act repeals the Social Assistance Act, 1992 (Act No.59 of 1992), insofar as it has not been assigned to another sphere of government.

(2) Any regulation or notice issued, any appointment made, any grant awarded, any moneys paid, or anything done under the Social Assistance Act, 1992, is deemed to have been issued, made, granted, paid or done under the corresponding provisions of this Act.

38. This Act is called the Social Assistance Act, 2003, and comes into operation on a date determined by the President by proclamation in the Gazette.

 1. GENERAL

This Bill is designed to consolidate legal requirements and provisions for social assistance in the Republic, and to create uniform norms and standards which can apply countrywide.

 2. PRINCIPAL OBJECTS OF THE BILL

The objects of this Act are to -

Department of Public Service and Administration

Financial and Fiscal Commission

National Treasury

Office of the Chief State Law Adviser

"Welfare services" is listed as a functional area of concurrent competence in Schedule 4 to the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). Insofar as social assistance can be regarded as being included in "welfare services", this Bill deals with subject matter in respect of which the provisions of this Bill could in principle be in conflict with provincial legislation on the same subject matter.

The financial implications are currently being costed and will be inserted here prior to tabling in Parliament.