LIMPOPO LEGISLATURE
OFFICE OF THE SECRETARY
PORTFOLIO COMMITTEE ON THE HEALTH AND WELFARE
NEGOTIATING MANDATE ON OLDER PERSON BILL [B68-2003]
1. INTRODUCTION
Definitions
On page 3 under definitions, the definitions of older persons was questioned. The Committee felt that in terms of Section 9(3) of the Constitution, this clause discriminates in terms of gender. After a lengthy discussion around this issue, the Committee resolved that the state Law Advisor should rephrase this clause to be in line with the Constitution
On page 3 under definition, the definition of "persons" be inserted to cover abuse by juristic persons other than natural persons and should read as follows:
"persons" include juristic persons whether registered or not
On page 3 under definition, the definition of "Director-General" should read thus "Director-General means that Director-General of the Department and in case of a province, the Head of Department responsible for Welfare and Social Services in that Province".
Chapter 1
Section 2(2)(b) on page 4 should read the participation of older persons decisions making process at facility level.
Section 2(2)(L) on page 4 should be deleted.
Chapter 2
Section 9(1) on page 7, should be rephrased to read as follows: "No person may unfairly discriminate directly or indirectly against an older person applying for admission to a facility on one or more grounds referred to in section 9(3) of the Constitution.
Chapter 3
Section 12(c) page 8, to add the following phrase after 'personal possessions': "that will not infringe the rights of others"
Section 17(2) page 10, to insert "or be employed" after the word 'manage'.
Chapter 4
Section 19(2) on page 10, should provide the Minister powers and functions to develop policy on these aspects and the MECs powers to implement this Bill.
Section 22 on page 12 should be deleted
6. NEGOTIATING MANDATE
The Committee, having gone trough and supported the Bill with amendments. Recommends to the NCOP delegates to support the Bill
COMMITTEE CHAIRPERSON: Hon. S.C.N Sithole, NWA Shope