STANDING COMMITTEE ON SOCIAL DEVELOPMENT

WESTERN CAPE PROVINCIAL PARLIAMENT

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

1. INTRODUCTION

The main aim of the Bill: "To deal effectively with the plight of older persons by establishing a framework aimed at the empowerment and protection of older persons and at the promotion and maintenance of their status, rights, well-being, safety and security; and to provide for matters connected therewith".

The focus on the Bill appears to be on the establishment and registration of facilities and state subsidies. Most older persons (about 90%), live with their families or live alone, and do not make use of residential care facilities. The Bill should effectively deal with their situations and protection within the community.

The Bill fails to deal with service delivery to older persons in rural areas, and does not make provision to co-ordinate those activities; the contents of the Bill are very narrow.

2. PROCESS FOLLOWED

On Tuesday, 3 August 2004 the Standing Committee received a briefing on the contents of the Bill from the permanent delegate in the NCOP, Ms H Lamoela and an official from the National Department of Social Development, Ms T Mahlangu. The committee deliberated on the contents of the Bill.

The following is a summary of the concerns that were raised by the committee:

Age differences between male and female to qualify for a pension grant

Transformation of old-aged institutions

How often monitoring in the Old Aged Homes takes place

The availability of an Ombudsman to report cases of abuse on older persons

The Bill does not cater for older persons living on farms, or perhaps the word "rural areas" should be more unpacked in the Bill

Definition of the word "abuse" be included in the Bill. The Bill should specify what kind of an abuse in each case it is

On page 4, in line 21, to omit ‘may’ and to substitute ‘must’.

The Bill does not specify on the process of urgent removal of older persons when cases of abuse are reported

No shelters for old persons, like children or women who have been abused

On page 8, in line 4, after ‘facilities’ to insert ‘and communities’, to accommodate those old persons who reside in their own homes

Definition of the word ‘community’ to be included in the Bill

On page 10, in line 13, after ‘facility’ to insert ‘and not be employed’

Provision for pension grant should me made in the Bill to cover for spouses who lost their partners before they could qualify for a grant

In Clause 2, on page 4, it should be specified which Ministers will be consulted (Housing, Health, Local Government and Social Services) because the role of the social worker is not clear

STAKEHOLDERS AND THE PUBLIC HEARINGS

The Committee held public hearings on 11 August 2004 at the Legislature and on 12 August 2004 in Caledon. The purpose of the hearings was to engage with older persons, institutions and individuals caring for older persons, the Department of Social Services and the Department of Local Government.

The following concerns were raised:

No forced retirement of older persons, this should depend on the health of the person

Family members taking away pensioners money and prohibiting them from going to Old Aged Homes

Money-lenders and hawkers at pay points

The role of social workers is not clear, because they are not visible at the current moment for older persons

To protect older persons at the institutions, closed-circuit cameras be installed

The Bill should specify intervals at which older persons are visited by the Department of Social Services and Health e.g. every six months

That 60 be the age to qualify for a pension grant. No gender discrimination against male

Appropriate programmes to access all communities

Support for old aged who stay in the communities

Bill does not deal in detail with issues that impact on the daily lives of older persons living in rural areas

Insufficient coverage of community based services

Focus should also be on persons residing in residential facilities

The omissions of an Ombudsman or a representative for older persons

Review of the Indigent Policy to accommodate older persons

The Bill does not take into account the new funding policies of institutions that are canvassed by the Department

No independent mechanisms to which older persons can lodge complaints

Bill should cover rights for institutions to access their funds from pension grants

The UN Declaration resolutions are not covered by the Bill

The bill should cover the rights of officials as signatories in cases where an old person is sick

Mechanisms should be put in place to ensure that old persons do not misuse grants on gambling

The Committee proposed that the Bill must accommodate the above-mentioned concerns.

The Committee adopted the negotiating mandate on Friday, 13 August 2004.

NEGOTIATING POSITION OF THE BILL

The Standing Committee on Social Development confers on the Western Cape’s delegation in the NCOP the authority to support the Bill with the concerns raised above.

MS MG VANTURA

CHAIRPERSON

13 AUGUST 2004