NEGOTIATING MANDATE OLDER PERSONS BILL [B68-20031

16 August 2004

The hearings were conducted on the 16 August 2004 in the three districts of the Province (Gert Sibande, Ehlanzeni and Enkangala). The Committee received public comments. Most of' the concern's received were operational and cannot be addressed by the Bill.

The following were raised;

Section 1

That the definition of "abuse" be broadened to include other kinds of abuse other than the infringement of constitutional, rights of older persons.

That the definition of "older person" should not differentiate in ages between males and females.

That the definition of "owner" should make reference to juristic persons.

Section 4

that a month's notice for the withdrawal of a subsidy by the member of the executive Council in terms of section 4(3) is insufficient as It may not allow proper arrangements to be made for alternative arrangements for the care of the residents of the facility concerned. This may end up prejudicing the very same people that the Bill intends to protect, the older persons.

Section 5

Section 5 does not make provision for registration of already existing facilities. It should make provision for transitional arrangements to enable existing unregistered facilities to register.

Section 6

The section establishes no rational connection between the requirement for notification and the purpose it seeks to achieve

The determination of a number of people accommodated in a private residential home seems arbitrary as the Section does not indicate what informed the limitation section 6(1)(c)

Section 7

Although the section provides for closure of a facility, it does not make any provision for the transfer of the residents to other facilities.

Section 10

The provisions of this section are too restrictive as it does not allow a social worker to monitor a facility out of own accord. The provisions must be broadened to allow this and if social workers monitor Out of own accord, they should report to the Director-General.

Section 12

The section is too narrow as it gives an impression that it is exhaustive. The opening sentence should read "The rights of' an older person residing in a facility include the following" This will broaden the reach of its provisions.

Section 13

The provision should allow other people who have an interest in protecting older persons to make statements to trigger the procedure under this section.

Section 16

This section must make it possible for a person who is aware or has knowledge of the abuse to immediately notify the Director-General thereof even if that person did not examine, attend or deal with an older person.

General

It is noted that the Bill does not directly address the plight of older persons in rural areas It only mentions under section 2(d) that the Minister may develop programs aimed at the development of older persons in the rural areas.

The permanent delegates representing the Province of Mpumalanga are mandated to negotiate on the bases of the above proposals.

 

HON MS GININDA

Chairperson: Portfolio Committee on Health & Social Services