EASTERN CAPE PROVINCIAL LEGISLATURE PROCEDURAL SUPPORT SERVICES

REPORT OF THE PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT

REPORT ON THE NEGOTIATING MANDATE ON THE OLDER PERSONS BILL [B68 -2003]

Terms of Reference

The Older Persons Bill herein after referred to as the Bill was referred to the Portfolio Committee on Social Development on the 30 June 2004 by the NCOP Business Committee for consideration.

Briefing

Permanent Delegate Hon. N Qikane and the Legislature’s legal advisors on the content of the Bill briefed the Committee.

Consultation

The Committee decided not to take the Bill to the public hearings due to tight schedule of the House.

Resolutions

The Committee resolved that:

The following negotiating mandate be conferred:

To support the Bill in principle with the following concerns.

In Section 8 (1) should be "Any registered institution must have a residents committee and residents form part of the Management Structure instead of more than 10 older persons residing in a facility.

This Bill does not address fully matters of concern to older persons residing outside the registered institutions

The Bill should address a view with regard to the issue of Micro Lending institutions that take ID’s.

Section 17 (2) " may " must be changed to "must" and the clause reads as follows ‘ A person whose name appears in a register contemplated in subsection (1)(b) must not own, manage or operate a facility.

Section 18(4) is open with regard to the period of investigation by the Director-General or the Social Worker for ensuring that adequate provision for basic needs and protection of the older persons. The Committee felt that the investigation report should be considered within reasonable time and the definition of period should fall under Section 21of the Regulations.

Section 18 (5) should be included with 18(5) (J) and read as follows: (j) does not receive grant though qualifying.

The committee concurs with the Committee’s concern of the Select Social Services with regard to age difference pending an outcome of the Cabinet decision.

Section 20 – Penalties for imprisonment to a period not less than five years.

__________

M SOGONI

Chairperson of the Portfolio Committee on Social Development

23 August 2004

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