LIMPOPO LEGISLATURE
OFFICE OF THE SECRETARY

PORTFOLIO COMMITTEE ON THE HEALTH AND WELFARE

NEGOTIATING MANDATE ON OLDER PERSON BILL [B68-2003]

1. INTRODUCTION
The National Council of Provinces referred the Older Persons Bill to the Limpopo Legislature. The Bill was upon receipt by the Legislature, referred to the Portfolio Committee on Health and Welfare consideration.


2. PURPOSE OF THE BILL
The Bill seeks to deal effectively with the plight of older persons by the establishing a framework aimed at the empowerment and protection of older persons and at the promotion and maintenance of their status, rights, wellbeing, safety and security and provide the matters connected therewith.

3. BRIEFING BY NCOP DELEGATES
The permanent delegate to the National Council of Provinces briefed Member of the Portfolio Committee on Health and Welfare on Older Persons Bill on 06 August 2004

4. PUBLIC HEARINGS
Public hearings were conducted in six districts on 13 August 2004 to solicit inputs from various stakeholders

5. FINDINGS
The Portfolio Committee on Health and Welfare supports the Bill with the following amendments:

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