Annual Report of the Portfolio Committee on Social
Development
JANUARY DECEMBER 2005
1. Introduction
Our committee
forms part of a pool of portfolio committees that the National Assembly
appoints from among its members to shadow the work of the various national
government departments. It is a portfolio committee for the national department
of social development, previously known as welfare. Like all portfolio
committees, it has 15 full members, and 3 alternate members. It is mandated to
consider bills, deal with departmental budget votes, oversee the work of the
department they are responsible for, and enquire and make recommendations about
any aspect of the department, including its structure, functioning and policy.
Furthermore, its work is not restricted to government it may investigate any
matter of public interest that falls within their area of responsibility.
2.
Administration and management of the committee
Committee Chairperson:
Mrs TJ Tshivhase
Secretary to the Chairperson:
Ms D Makhetha
Committees Management Team:
Mrs
TJ Tshivhase - Chair
Mr
TM Masutha ANC Party whip
Mr
B Solo Committee Member
Mr
LPM Nzimande - Committee Member
Mr
MC Fukula Support staff
Mr
F Abrahams Support Staff
Committee
Secretary: Mr MC Fukula
Committee
Assistant: Mrs A Kakaza
Committee
Researcher: Mr F Abrahams
Committee
Controller: Mrs T Lyons
3. Vision and mission of the committee
I.
The mission
To serve as the representatives of the people in
reviewing, developing and monitoring the implementation of appropriate
legislation that responds to the social development needs of the people and
that assists in reducing poverty and social exclusion, and ensuring public
participation. The Committee will also, through its oversight function, ensure
that the policies and social development services implemented by Government are
focused on comprehensive protection against vulnerability and on strengthening
the social fabric.
II.
The vision
A caring society free from poverty, in which all people are able to
develop their full human potential, supported by an integrated family and
community centred system of social development services.
4. Chairpersons overview:
The bulk of our
committees time in the year 2005 was, by and large, consumed by its work on
legislation, namely the Childrens Bill [B70-2003] Reintroduced as well as the
Older Persons Bill [B68B-2003]
The year saw our
committee wrapping its work on the much anticipated and topical Childrens Bill
[B70-2003] Reintroduced. Our committee is greatly indebted to everybody that
has contributed in making its work on the latter such a resounding success.
Subsequent to finalising its work on the Childrens Bill [B70-2003]
Reintroduced, our committee was referred to the Older Persons Bill [B68B-2003]
for its consideration. The committees work strategy on the Older Persons Bill
[B68B-2003] entailed first soliciting public comments on the Bill, making good
use of the vehicle of public hearings and afterwards engaging with the
Department of Social Development in deliberating the solicited public comments.
The public input and interest manifested on the Older Persons Bill was very
inexplicably heart warming. Our committee sincerely salutes all those
individuals and organisations that responded so positively to its call for
public comments.
In the course of working
on the legislation before it, our committees oversight responsibilities were
however not neglected. Notwithstanding the constraints emanating from its focus
on legislation, our committee still managed to keep a sharp eye on the
developments in respect of the South African Social Security Agency (SASSA) in
particular and other entities falling within the domain of social development. An
oversight visit to
q To look at the delivery
systems within the context of social security.
q To interact with
stakeholders and service providers active within the purview of social security
delivery.
q To interact with social
development officials with the ultimate view of ascertaining their level of
awareness regarding the broader social security changes as well as the pending
transfer of some of the staff from the Department of Social Development to the
South African Social Security Agency.
q To visit different
paypoints in order to look at changes and challenging areas that needed urgent
intervention.
The
The other oversight activities
included hosting hearings on the Department of Social Developments budget vote
18 for the 2005/06 financial year, with the main focus being on the strategic
plans of the Department and entities reporting to it. The Portfolio Committee
engaged with Budget Vote 18: Social Development through a series of meetings
with the Department of Social Development, as well as those entities reporting
to the national Minister of Social Development. The Committee met the
Department of Social Development on 1 and 2 March 2005. The Committee was
further briefed by the National Development Agency (NDA) and the Disaster
Relief Fund on 8 March; and the Central Drug Authority (CDA) and the South
African Council for Social Services Professions on 9 March 2005. Due to time
constraints and various commitments on the side of senior departmental
officials, the briefings and discussions on 1 and 2 March could only focus on
the areas of social assistance, the transformation and financing of social
services, HIV and AIDS care and population and development. That effectively
meant that our committee could therefore have to deal with other aspects of the
departments programmatic work after the completion of the budget cycle.
In the discussions on the
various budget items, members of the committee noted their interest in the
establishment of the South African Social Security Agency (SASSA) and the impact
that this will have on improving the delivery of social grants. The committee
therefore expressed its intention to closely monitor the establishment of the
SASSA through briefings and progress reports. The question of the role of
social grants and other forms of social aid to persons living with HIV and AIDS
was also raised. In addition, members expressed concern about the manner in
which the food emergency scheme was managed, and about the fact that the
developmental aspect of the Integrated Nutrition Strategy has not been
implemented.
In conclusion,
I would like to thank the entire membership of my committee for the self-less
manner in which its has contributed to the realization of our committees vision
and objectives. I would also like to congratulate my committees support for
its availability in ensuring that the committee moved ahead with minimal
glitches. A word gratitude also goes to the officials from the Department of
Social Development for the amount of work they have put in making our committee
a success.
5. List of
public entities over which the committee exercise oversight
5.1 South African Council for Social Service
Professions (SACSSP) is
the statutory regulatory body for the social service
professions in
5.2 National Development Agency (NDA) - The NDA, as a statutory body that is
governed by NDA Act, No 108/1998 as amended, contributes towards the
eradication of poverty and its causes through the provision and facilitation
of:
q Development funding;
q Capacity building;
q Research and debate on development policy;
and
q Dialogue.
5.3 Disaster Relief Fund the object of the Disaster Relief Fund in
terms of the Fund-Raising Act, No 107 of 1978, is to render, with due
regard to the financial position of the Fund and the requirements of each case,
to persons, organizations and bodies who or which suffer damage or loss caused
by a disaster such assistance as the Disaster Relief Fund Board may deem fair
and reasonable.
5.4 Central
Drug Authority was established in accordance to Prevention and Treatment of Drug
Dependency Act 20 of 1992, as amended. It performs the following tasks:
q Protects communities from
the health risks and other damages associated with drug
misuse
q Ensures that drug misusers and their families have access to counseling
and services
q Develops and implement
training programmes on the detection of substance abuse, its prevention and
treatment for all role-players
q Establishes and maintain
a substance abuse information system
q Enters into agreements
with other countries and organizations in order to secure mutual legal
assistance, intelligence sharing and co-operation in anti-drug
efforts and training
5.5 Advisory Board on Social Development
is an advisory board that was established through the Advisory Board on
Social Development Act of 2001.
The
objectives of the Board are-
(a) To advise the Minister
on-
q Measures to promote the
transformation;
q Measures to promote social development initiatives;
q Measures to include local
government in the provision of integrated;
q Proposals for new
legislative frameworks for the social development;
q The introduction of local
and international best practices in social
(b) To act as a consultative
forum for the Minister to discuss social development matters, including-
q Improving the quality of
provincial and national social development;
q The introduction of new
policy and successful policy implementation in the government and
non-governmental environment;
q Facilitating consultation
between stakeholders and government regarding the implementation of social development;
q Ensuring effective review
of formulation, implementation and evaluation of social development policies, programmes and legislation, as
informed by the needs and priorities of society;
q
Inputs from the social development sector to international forums and protocols;
social development
services; service delivery at local government level; sector and amendments to
existing legislation; and development services.
5.6 South African Social Security
Agency the
agency is established through the South African Social Security Act, No.9 of
2004 as a juristic person. It is established as a sole agent that must:
q Ensure the efficient and
effective management, administration and payment of social assistance; and
q To serve as an agent for
the administration and payment of social security.
6. Number of meetings held and those cancelled
7.
Legislation referred to the committee (Finalised and not finalised)
7.1 Childrens Bill [B70-2003]
The Childrens
Bill was not referred to our committee in 2005. It was an outstanding work that
carried over from last year.
Referral
date 15 June 2004
7.2.1 Briefing date: 18 January 2005
Meeting
agenda: Consideration of the
Committees draft programme (2005) and draft annual report for 2004.
7.2.2 Briefing date: 19 January 2005
Meeting
agenda: Briefing by the member-Departments of the Steering
Committee on the Childrens Bill.
The
following persons were in attendance:
q Mrs Lana Petersen Parliamentary
Officer Ministry of Social Development.
q Ms Agnes Muller Deputy Director
Children, Department of Social Development
q Dr M Mabetoa Chief Director
Children, Youth and Families, Department of Social Development
q Mrs. Ronel van Zyl Legal Drafter,
South African Law Reform Commission
q Dr J Coetzee Director Formal
Education, Department of Correctional Services
q Mr. F Engelbrecht - Deputy Commissioner Personal Wellbeing,
Department of Correctional Services
q Ms Anne-Marie van Zyl -
Executive Manager Employment Standards, Department of Labour
q Mr. SI Nawa Deputy Director: Legal
Services, Department of Education
q Mr. S Pienaar Assistant
Commissioner, Social Crime Prevention, South African Police Service
q Ms M Mathye Chief Director,
Equity and Development, Department of Provincial and Local Government
q Mr. Z Matebese Senior Planner,
National House of Traditional Leaders
q Mr. S Mogotsi Director: Legal
Services, Department of Home Affairs
q Mr. E Kritzinger Director:
Status Services, Department of Home Affairs.
q Mr. A Goosen Acting Director: Port
Control, Department of Home Affairs
q Ms M Rantia Director, Office of
the Rights of the Child: Presidency
q Ms P Moodley Acting Director,
Department of Justice and Constitutional Development
q Adv. P du Rand Chief Director,
Department of Justice and Constitutional Development
q Mrs. K Shabalala Chief Director,
Department of Justice and Constitutional Development
q Ms C Kok Senior Legal
Administration Officer, Department of Justice and Constitutional Development
q Mr. Otto Kelner, State Law Adviser
q Mr Fernel Abrahams, Parliamentary
Researcher
7.2.3 Briefing date: 20 January 2005
Meeting
agenda: Continuation of the briefing by the member-Departments of
the Steering Committee on the Childrens Bill the Department of Home Affairs
responding to the questions raised and presentation by Ronel focussing on the
matrix.
Officials
present:
q
Anne-Marie Van Zyl Department of Labour
q
Mr Silas IM Nawa Department of Education
q
Mrs Corlia Kok Department of Justice and Constitutional Development
q
Ms Pat Moodley - Department of Justice and Constitutional Development
q
Elroy Machelm Legal Aid Board
q
Mrs Lana Petersen Parliamentary Officer Dept of Social Development.
q
Dr M Mabetoa Chief Director: Children, Dept of Social Development
q
Freddie Engelbrecht Department of Correctional Services
q
Ntombizodwa K Chiloane - SAPS
q
Mr Tertius GeLdenhys Assistant Commissioner SAPS
q Mrs Antoinette Brink Senior Legal
Administration Officer SAPS
q
Zongezile Matebese National House Of Traditional
Leaders
q
Mihloti Mathys Department of Provincial and Local Government
q
14. KS Mogotsi Department of Home Affairs
7.2.4 Briefing date: 21 January 2005
Meeting
agenda: Briefings by the Departments of Labour, Correctional
Services and Education on the Childrens Bill and presentation by Mrs Ronel Van
Zyl, legal drafter, on the prepared matrix.
Officials present:
q
Mr Otto Kellner State
Law Advisers Office
q
Mr E Kritzinje Home
Affairs
q
Mr J Coetzee
Correctional Services
q
Ms Susan Pienaar South
African Police Services
q
Ms Antoinette Brink -
South African Police Services
q
Anne-Marie Van Zyl
Department of Labour
q
Mr Silas IM Nawa
Department of Education
q
Elroy Machelm Legal
Aid Board
q
Mrs Lana Petersen
Parliamentary Officer Dept of Social Development.
q
Dr M Mabetoa Chief
Director, Dept of Social Development
q
Freddie Engelbrecht
Department of Correctional Services
q
Ntombizodwa K Chiloane
South African Police Services
q
Mr Tertius GeLdenhys Assistant Commissioner South African Police Services
q
Mrs Antoinette Brink Senior Legal Administration Officer
SAPS
q
Zongezile
q
Mr Z Matebese National House Of Traditional Leaders
q
KS Mogotsi Department of Home Affairs
7.2.5 Briefing date: 02 February 2005
Meeting
agenda: Briefing by the national Department of Justice on the Child
Justice Bill and Childrens Bill Reintroduced with the aim of exposing
the Committee membership to possible gaps and overlaps between the two Bills.
Status Postponed
7.2.6 Briefing date: 04 February 2005
Meeting
agenda: Consideration of the Childrens Bill [B70-2003]
reintroduced with particular focus on how the Bill was structured.
Status Postponed
7.2.7 Briefing date: 08 February 2005
Meeting
agenda: Briefings by the Department of Health and Social Security
Branch of the Department of Social Development on issues emerging from the
previous briefings by the member Departments of the Steering Committee on the
Childrens Bill [B70-2003]
The
following officials were in attendance:
q Dr Maria Mabetoa -
Department of Social Development
q Mrs Ronel van Zyl- SA Law
Reform Commission
q Ms Lowesa Stuurman SA
Law Reform Commission
q Mr P du Preez
Department of Social Development
q Ms Sebotle Ngake
Department of Health
q Dr Mohlabi - Department
of Health
q Ms Estelle de Klerk =-
Department of Health
q Ms Ann Behr - Department
of Health
q Mrs Agnes Muller -
Department of Social Development
q Mrs Unathi Mguye -
Department of Social Development
q Mr Selwyn Jehoma -
Department of Social Development
q Mrs Lana Petersen -
Department of Social Development
7.2.8 Briefing date: 09 February 2005
Meeting agenda:
q
Presentation
by the Social Security Branch of the Department of Social Development on grants
to children.
q
Presentation by the Department of Social Development on
Sections 75 and 76 issues.
The following
officials were in attendance:
q
Mr Otto Kellner Principal State Law Advisor
q
Dr Maria Mabetoa - Department of Social Development
q
Mrs Ronel van Zyl- SA Law Reform Commission
q
Ms Lowesa Stuurman SA Law Reform Commission
q
Mr P du Preez Department of Social Development
q
Mr Brian Heber - Department of Social Development
q
Mrs Agnes Muller - Department of Social Development
q
Mrs Unathi Mguye - Department of Social Development
q
Mr Selwyn Jehoma - Department of Social Development
q Mr Tertius Geldenhuys
Assistant Commissioner; SAPS
7.2.9 Briefing date: 15 February 2005
Meeting
agenda: Presentation by Department of Social Development on clauses
and issues that must be moved from Section 76 of the Childrens Bill [B70-2003]
(composite bill) to the Section 75 Childrens Bill [B70-2003- Reintroduced
The
following officials were in attendance:
q Mr
Otto Kellner State Law Advisers Office
q Mr E
Kritzinje Home Affairs
q Mr J
Coetzee Correctional Services
q Ms
Susan Pienaar South African Police Services
q
Ms Antoinette Brink -
South African Police Services
q Anne-Marie
Van Zyl Department of Labour
q Mr
Silas IM Nawa Department of Education
q Elroy
Machelm Legal Aid Board
q Mrs
Lana Petersen Parliamentary Officer Dept of Social Development.
q Dr M
Mabetoa Chief Director, Dept of Social Development
q Freddie
Engelbrecht Department of Correctional Services
q Ntombizodwa
K Chiloane South African Police Services
7.2.10 Briefing date: 16 February 2005
Meeting agenda:
Consideration of the Childrens Bill [B70-2003] reintroduced going through
the Bill clause-by-clause starting from Chapter 2.
The
following officials were in attendance:
q Mr Pierre du Preez Department of
Social Development
q Mrs Agnes Muller Department of Social
Development
q Mrs Ngcobo-Mbere - Department of Social
Development
q Mrs Lana Petersen Parliamentary
Officer Dept of Social Development.
q Dr M Mabetoa Chief Director, Dept
of Social Development
q
Mr Otto Kellner State Law Advisers Office
7.2.11 Briefing date: 18 February 2005
Meeting agenda:
Consideration of the Childrens Bill [B70-2003] reintroduced going through
the Bill clause-by-clause starting from clause 12.
The
following officials were in attendance:
q Mr
Pierre du Preez Department of Social Development
q Mrs
Agnes Muller Department of Social Development
q Mrs
Ngcobo-Mbere - Department of Social Development
7.2.12 Briefing date: 22 February 2005
Meeting
agenda: Consideration of the Childrens Bill [B70-2003]
reintroduced going through the Bill clause-by-clause starting from clause 30.
The
following officials were in attendance:
q Mr
Pierre du Preez Department of Social Development
q Mrs
Agnes Muller Department of Social Development
q Mrs
Ngcobo-Mbere - Department of Social Development
q Mr
Otto Kellner State Law Advisers Office
q Mr
Daniel Plaatjies National Treasury
q Mrs
Ronel Van Zyl South African Law Reform Commission
q
Ms Lowesa Stuurman - South African Law Reform Commission
7.2.13 Briefing date: 25 February 2005
Meeting
agenda: Deliberation on the
Childrens Bill [B70-2003] Reintroduced going through the Bill
clause-by-clause starting from clause 239 facilitated by Ms Lowesa Stuurman
and Mrs Ngcobo-Mbere.
q Mrs
Ngcobo-Mbere - Department of Social Development
q Mr
Otto Kellner State Law Advisers Office
q
Ms Lowesa Stuurman -
South African Law Reform Commission
7.2.14 Briefing date: 01 March 2005
Meeting
agenda: Department of Social
Developments Budget overview facilitated by the Departments
Director-General, Mr Vusi Madonsela and the Departments Chief Financial
Officer, Mr C Pakade.
The
following officials were in attendance:
q Mr A
Adendorff Senior Manager, Office of the Auditor-General
q Mr F
Makiwane Department of Social Development
q Mr V
Madonsela Director-General, Department of Social Development
q
Mr C Pakade Chief
Financial Officer, Department of Social Development
7.2.15 Briefing date: 02 March 2005
Meeting
agenda: Budget overview for the 2005/06 financial Briefing
by the Department of Social Development continuation.
The
following officials were in attendance:
q Mr
Leon Swartz - Department of Social Development
q Mrs
Nomathemba Kela - Department of Social Development
q Ms
Malegu Ogewekga - Department of Social Development
q Mrs
Lana Petersen - Department of Social Development
q Me
Selwyn Jehoma - Department of Social Development
q Ms
Vuyelwa Nhlapho - Department of Social Development
q
Mr Coceko Pakade Chief
Financial Officer, Department of Social Development
7.2.16 Briefing date: 08 March 2005
Meeting
agenda: Budget overview for the 2005/06 financial Briefing
by the Disaster Relief Fund.
The
following officials were in attendance:
q
Dr Lulama Makhubela Director: Research
and Development National Development Agency.
q Mr
Moitswadi Mofokeng Chief Financial Officer - National Development Agency.
q Mr
Khulu Mbongo Stakeholder Manager: National Development Agency.
q Ms
Bridget Masango Director: Marketing and Communications - National Development
Agency.
q Mr
Dave Willcox Company Secretary - National Development Agency.
q Mr
Reuben Mogano Director: Projects Management
q Pastor
Mzanempi Nhlapho Chairperson: Disaster Relief Fund Board
q Mr RJ
Molife Director, Department of Social Development
q Mr
Jimmy Kekana Assistant Director, Department of Social Development
7.2.17 Briefing date: 09 March 2005
Meeting
agenda: Budget overview for the 2005/06 financial Briefing
by the South African Council for Social Service Professions (SACSSP) and the
Central Drug Authority.
The
following officials were in attendance:
q Dr J
Lombard CEO: SACSSP
q Mrs
Boitumelo Setlalentoa President: SACSSP
q Ms
Evodia Mabuza-Mokoko Deputy-Director: SACSSP
q Ms
Connie Nxumalo Department of Social Development
q
Prof S Rataemane Chairperson: Central Drug Authority
7.2.18 Briefing date: 15 March 2005
Meeting
agenda: Briefing
by the Department of Justice and Constitutional Development on the Courts
Chapter in the Childrens Bill [B70-2003]
The
following officials were in attendance:
q Mrs
Corlia Kok Deputy Director, Child and Family Law: Department of Justice and Constitutional Development
q Mrs
Pat Moodley Acting Director, Family Law: Department of Justice and Constitutional Development
q Mr PA du Rand Chief Director, Court Services: Department of
Justice and Constitutional Development
q Mrs Ayesha Johaar Senior State Law Advisor
q Mr Otto Kellner - Principal State Law Advisor
q Mr S Ebrahim Senior Family Advocate, W, Cape
q Mrs Lana Petersen Department of Social Development
q Dr Maria Mabetoa - Department of Social Development
q Mrs Agnes Muller - Department of Social Development
q Mr Pierre du Preez - Department of Social Development.
7.2.19 Briefing date: 16 March 2005
Meeting
agenda: Briefing
by the Masters Office on issues related to the Childrens Bill [B70-2003
facilitated by the Acting Chief Master, Mr Baloyi.
The
following officials were in attendance:
q Mr JS
Baloyi - by the Acting Chief
Master: Department of Justice and Constitutional Development
q Ms
Petunia Seabi Chief Family Advocate: Department of Justice and Constitutional Development
q Mrs
Pat Moodley Acting Director, Family Law: Department of Justice and Constitutional Development
q Mrs Ayesha Johaar Senior State Law
Advisor
q Mr S Ebrahim Senior Family Advocate, W,
Cape
q
Dr Maria Mabetoa - Department of Social Development
7.2.20 Briefing date: 06 April 2005
Meeting
agenda: Deliberation on the
Childrens Bill [B70-2003] Reintroduced going through the Bill
clause-by-clause starting from clause 254 to 272, in Chapter 17 facilitated
by Mrs Ronel van Zyl.
The
following officials were in attendance:
q Mrs Ayesha Johaar Senior State Law
Advisor
q Mr Otto Kellner - Principal State Law
Advisor
q Mrs Lana Petersen Department of Social
Development
q Dr Maria Mabetoa - Department of Social
Development
q Mr Pierre du Preez - Department of Social
Development.
q Kinsey
Rasebitse - Department of
Social Development.
q Ms
Rose Mnisi - Department of
Social Development.
q Ms
Frances Viviers - Department
of Social Development.
q
Mr Brian Heber - Department of Social
Development.
7.2.21 Briefing date: 08 April 2005
Meeting
agenda: Deliberation on the Childrens Bill
[B70-2003] Reintroduced going through the Bill clause-by-clause starting from
clause 273 to 296, in Chapter 18 facilitated by Mrs Ronel van Zyl.
The
following officials were in attendance:
q Mrs Ayesha Johaar Senior State Law
Advisor
q Mr Otto Kellner - Principal State Law
Advisor
q Dr Maria Mabetoa - Department of Social
Development
q Kinsey
Rasebitse - Department of
Social Development.
q Ms
Rose Mnisi - Department of
Social Development.
q
Ms Frances Viviers - Department of Social
Development.
7.2.22 Briefing date: 12 April 2005
Meeting
agenda: Policy Workshop on unclear policy issues related to
the Childrens Bill [B70-2003] Reintroduced Day One
7.2.23 Briefing date: 13 April 2005
Meeting agenda: Policy
Workshop on unclear policy issues related to the Childrens Bill [B70-2003]
Reintroduced Day Two
7.2.24 Briefing date: 17 May 2005
Meeting
agenda: Consideration of the Childrens Bill [B70-2003] Reintroduced
Deliberating on the forwarded draft amendments focussing on Chapter 1
starting from clause 2 onwards.
The
following officials were in attendance:
q
Dr M Mabetoa
Department of Social Development
q
Mr P Du Preez
Department of Social Development
q
Mrs M Ngcobo-Mbere -
Department of Social Development
q
Ms P Moodley -
Department of Justice and Constitutional Development
q
Mrs R van Zyl South
African Law Reform Commission
q
Ms Lowesa Stuurman -
South African Law Reform Commission
q
Mrs A Muller -
Department of Social Development
q
Ms P Naicker -
Department of Social Development
q
Mrs U Mguye - Department
of Social Development
q
Ms A Johaar State Law
Advisors Office
7.2.25 Briefing date: 18 May 2005
Meeting
agenda: Consideration
of the Childrens Bill [B70-2003] Reintroduced Deliberating on the forwarded
draft amendments focussing on the revised Chapter 3 of the Bill.
The
following officials were in attendance:
q Dr M
Mabetoa Department of Social Development
q Mr P
Du Preez Department of Social Development
q Mrs M
Ngcobo-Mbere - Department of Social Development
q Ms P
Moodley - Department of Justice and Constitutional Development
q Mrs R
van Zyl South African Law Reform Commission
q Ms
Lowesa Stuurman - South African Law Reform Commission
q Mrs A
Muller - Department of Social Development
q Ms P
Naicker - Department of Social Development
q Mrs U
Mguye - Department of Social Development
q Ms A
Johaar State Law Advisors Office
q Ms Matlhogonolo Sebopela - Department of Social Development
7.2.26 Briefing date: 20 May 2005
Meeting
agenda: Consideration
of the Childrens Bill [B70-2003] Reintroduced Deliberating on trafficking in
children in chapter 18 including the definitions.
The following officials were in
attendance:
q
Dr M Mabetoa
Department of Social Development
q
Mr P Du Preez
Department of Social Development
q
Mrs R van Zyl South
African Law Reform Commission
q
Ms Lowesa Stuurman -
South African Law Reform Commission
q
Ms A Johaar State Law
Advisors Office
q
Mrs Lana Petersen -
Department of Social Development
q Ms Matlhogonolo Sebopela - Department of Social Development
7.2.27 Briefing date: 23 May 2005
Meeting
agenda: Consideration
of the Childrens Bill [B70-2003] Reintroduced Deliberating on the proposed
amendments to chapter 5 facilitated by the Department of Justice and
Constitutional Development.
The following officials were in
attendance:
q
Mrs KB Shabalala -
Department of Justice and Constitutional Development
q
Mr Rob Skhosana -
Department of Justice and Constitutional Development.
q
Mrs Corlia Kok -
Department of Justice and Constitutional Development
q
Dr M Mabetoa
Department of Social Development
q
Mr P Du Preez
Department of Social Development
q
Mrs M Ngcobo-Mbere -
Department of Social Development.
q
Ms P Moodley -
Department of Justice and Constitutional Development
q
Mrs R van Zyl South
African Law Reform Commission
q
Ms Lowesa Stuurman -
South African Law Reform Commission
q
Mrs A Muller -
Department of Social Development
q
Mrs U Mguye - Department
of Social Development
q
Ms A Johaar State Law
Advisors Office
7.2.28 Briefing
date: 24 May 2005
Meeting
agenda: Consideration of the Childrens Bill
[B70-2003] Reintroduced - Deliberation on the proposed draft amendments,
starting from Clause 124.
The
following officials were in attendance:
q Mrs L Petersen, PA Department of Social Development
q Mrs U Mguye, Deputy Director, Social Security - Department of
Social Development
q Mrs MV Ngcobo-Mbere, Director, Children - Department of Social
Development
q Mrs A Muller, Deputy Director, Children - Department of Social
Development
q Mrs A Johaar, Senior State Law Advisor Chief State Law Advisers
Office
q Mrs R van Zyl, Researcher- South African Law Reform Commission
q Dr M Mabetoa, Chief Director, Children - Department of Social
Development
7.2.29 Briefing
date: 26 May 2005
Meeting
agenda: Consideration of the Childrens Bill [B70-2003]
reintroduced deliberations on the proposed amendments forwarded by the
Department of Social Development, starting from clause 249.
The
following officials were in attendance:
q Mrs L Petersen, PA Department of Social Development
q Mrs A Muller, Deputy Director, Children - Department of Social
Development
q Mrs A Johaar, Senior State Law Advisor Chief State Law Advisers
Office
q Mrs R van Zyl, Researcher- South African Law Reform Commission
q Dr M Mabetoa, Chief Director, Children - Department of Social
Development
q Mrs U Mguye, Deputy Director, Social Security - Department of
Social Development
q Pierre du Preez, Legal Officer - Department of Social Development
7.2.30 Briefing
date: 27 May 2005
Meeting
agenda: Consideration of the Childrens Bill
[B70-2003] Reintroduced the Department of Justice and Constitutional Developments
response to reviewed aspects of chapter of the Childrens Bill [B70-2003]
Reintroduced and Deliberation by the committee on the
proposed draft amendments, starting from Clause 254.
The
following officials were in attendance:
q Mrs A Muller, Deputy Director, Children - Department of Social
Development
q Mrs A Johaar, Senior State Law Advisor Chief State Law Advisers
Office
q Mrs R van Zyl, Researcher- South African Law Reform Commission
q Dr M Mabetoa, Chief Director, Children - Department of Social
Development
7.2.31 Briefing
date: 31 May 2005
Meeting
agenda: Consideration
of the Childrens Bill [B70-2003] Reintroduced to be preluded by a report back
by the Department of Justice on issues pertaining to chapter 5 of the Bill.
The
following persons were in attendance:
q Mrs R van Zyl, Researcher- South African Law Reform Commission
q Ms L Stuurman, Researcher- South African Law Reform Commission
q Dr M Mabetoa, Chief Director, Children - Department of Social
Development
q Mr Pierre Du Preez, legal
Advisor Department of Social Development
The following State Law Advisor/s
was/ere present:
q
Mrs A Johaar, Senior
State Law Advisor Chief State Law Advisers Office
7.2.32 Briefing
date: 01 June 2005
Meeting
agenda: Consideration of the Childrens Bill [B70-2003]
reintroduced deliberations on the amended Childrens Bill with input from
Minister Z Skweyiya and Deputy Minister J De Lange on Chapter 5 of the
Childrens Bill.
7.2.33 Briefing
date: 10 June 2005
Meeting
agenda: Consideration
of the Childrens Bill [B70-2003] Reintroduced deliberating on the amended
Bill.
The following persons from the Department of Social Development were in
attendance:
q
Mrs MV Ngcobo-Mbere,
Director, Children - Department of Social Development
q
Mrs A Muller, Deputy
Director, Children - Department of Social Development
q
Mrs R van Zyl,
Researcher- South African Law Reform Commission
q
Dr M Mabetoa, Chief
Director, Children - Department of Social Development
q
Mr Pierre Du Preez, legal Advisor Department of Social
Development
The following State Law Advisor/s was/ere present:
q Mrs A Johaar, Senior State Law Advisor Chief State Law Advisers
Office
7.2.34 Briefing
date: 14 June 2005
Meeting
agenda: Completion of the final consideration of the
Childrens Bill [B70-2003] reintroduced
process starting from Chapter 16 of the draft amended Bill.
The following persons from the
Department of Social Development were in attendance:
q Mrs R
van Zyl, Researcher- South African Law Reform Commission
q Ms L
Stuurman, Researcher- South African Law Reform Commission
q Dr M Mabetoa, Chief Director, Children - Department of Social
Development
q Mr Pierre Du Preez, legal Advisor
Department of Social Development
q Deputy Minister J de Lange - Department of
Justice and Constitutional Development.
q Mrs Ayesha Johaar Senior State Law
Advisor, State Law Advisors Office.
The following State Law Advisor/s was/ere present:
q Mrs A
Johaar, Senior State Law Advisor Chief State Law Advisers Office
7.2.35 Briefing
date: 24 August 2005
Meeting
agenda: Briefing by the Department of Social
Development on the Central Drug Authority.
The following officials were in
attendance:
q
Miss Connie Nxumalo
Director: Substance abuse and CDA, Department of Social Development
q Ms Evodia Mkoko Deputy-Director: CDA
q
Mr Jonathan Marwala Assistant-Director: CDA, Department of Social Development
7.2.36 Briefing
date: 26 August 2005
Meeting agenda: Briefing by the Department of Social Development on the Older
Persons Bill [B68B-2003]
Officials
in attendance:
q Mrs Thuli Mahlangu Department of Social Development
q Mr Pierre du Preez -
Department of Social Development
7.2.37 Briefing
date: 07 September 2005
Meeting agenda: Joint
briefing facilitated by the Department of Social Development and the South
African Social Security Agency (SASSA) on:
SASSA
q Reporting
mechanism of SASSA to Parliament
q SASSAs
business plan as well as on progress made and challenges currently experienced
with regard to its rollout plan and its general transitional arrangements,
update on the HR issues, namely the transfer of staff and assets.
q The structured reporting line, if any
exists, between our committee and your department with regard to the South
African Social Security Agency (SASSA) and the frequency of that reporting.
q Shed more light on what it is doing to
facilitate the smooth establishment of SASSA.
The
officials in attendance:
q
Mr Hlubi Radebe South
African Social Security Agency
q
Mr Fezile Makiwane -
South African Social Security Agency
q
Mr Vusi Madonsela Department of Social Development
q
Mr Panyaza Lesufi - South
African Social Security Agency
q
Ms Maloka Department of Social
Development
q Mrs Lulu Pemba - Department of Social Development
7.2.38 Briefing
date: 09 September 2005
Meeting agenda: Briefing by the
Department of Social Development on the issues raised during Public Hearings on
the Older Persons Bill [B68B-2003] held on 30-31 August 2005.
The
officials in attendance:
q Mrs Thuli Mahlangu, Director: Older Persons Department of Social
Development
q Mr Pierre du Preez, Legal Advisor - Department of Social
Development
q Mrs MV Ngcobo-Mbere, Director, Children - Department of Social
Development
q Mrs A Muller, Deputy Director, Children - Department of Social
Development
q Mr Gideon Hoon, Principal State Law Advisor Chief State Law
Advisers Office
7.2.39. Briefing date: 12 October 2005
Meeting agenda: Briefing by the Department of Social Development on the redraft
version of the Older Persons Bill [B68B-2003] as resolved in the 09 September
2005 committee meeting.
The
officials in attendance:
q Ms Nomathemba Kela, Chief Director, Social Welfare and
Transformation
q Mrs Thuli Mahlangu, Director: Older Persons Department of Social
Development
q Mr Pierre du Preez, Legal Advisor - Department of Social
Development
q Mr Gideon Hoon, Principal State Law Adviser - Office of the Chief
State Law Advisor
q
Mrs Lana Petersen,
Parliamentary Officer Ministry: Social Development
7.2.40 Briefing date: 19 October 2005
q Briefing by the
Department of Social Development on its Annual Report for 2005
q Briefing by the South
African Social Service Professional Council on its Annual Report for 2005
q Briefing by the Central
Drug Authority on its Annual Report for 2005
q Briefing by the South
African Social Security Agency on its Annual Report for 2005
7.2.41 Briefing date: 04 November 2005
Meeting agenda: Briefing by the
Department of Social Development on the redraft version of the Older Persons
Bill [B68B-2003].
The following officials were in
attendance:
q
Ms Nomathemba Kela,
Chief Director, Social Welfare and Transformation
q
Mrs Lulu Pemba,
Director: Legal Services Department of Social Development
q
Ms Vuyelwa Nhlapho,
Deputy Director-General - Department of Social Development
q
Ms Isa Sikawana
Department of Social Development
q Mrs Lana Petersen, Parliamentary Officer Ministry: Social
Development
7.2.42 Briefing date: 09 November 2005
Meeting agenda: Consideration of the Public Hearings Report on the Older
Persons Bill [B68B-2003]
7.2.43 Briefing date: 16 November 2005
Meeting agenda: Presentation by the
Department of Social Development on the draft proposed amendments to the Older
Persons Bill [B68B-2003]
8. PUBLIC HEARINGS
8.1 Public Hearings on the Older Persons Bill [B68B-2003]
8.1.2 Dates: 30-31 August 2005
8.1.3 Institutions that sent submissions:
q Cape Jewish Seniors
Association (CJSA)
q
Ikamva Labantu
q Highlands House (The Cape
Jewish Aged Home)
q Grandmothers Against
Poverty and Aids
q
Kerklike Maatskaplike Dienste Raad
(KMDR)
q Church Council For Social
Services
q Action on Elder Abuse
South Africa (AEASA)
q SA Human Rights
Commission
q NG Ministry of Caring
q NAWONGO
q
A branch of NG Welfare, North West
q
Pretoria Council for the Care of the Aged
q
Alzheimers South Africa
q
Womens Legal Centre
q
Department of Health - CT
q
The Black Sash
q
Joint Forum for Policy on Ageing
q
RAPCAN
q
Southern African Catholic Bishops Conference
q
Alliance for Childrens Entitlement to Social
Security
q
Law Society of South Africa
q
South African Council of Churches
q
Media Monitoring Project
q
Commission on Gender Equality
q
Action on Elder Abuse SA
q
South African Association of Homes for the Aged
q The Body Corporate of La
Belle Vie
8.1.4 Individuals that sent submissions:
q Elizabeth M Xaba
q M.D.S Motshumi
q Thandiwe Joyce Mbongo
q Lucas Mangala
q Raliphi Master Push
Xolelizwe
q HJJ Laubscher
q Peter Laubscher
q Mr FE Warner
8.1.5 Adoption: Yes, on 09 November 2005
8.1.6 Report publication 22 November 2005
8.1.7 Debate in the House not yet.
8.2 Hearings
on the Annual Reports of the Department of Social Development and the entities
reporting to it.
8.2.1 Date: 19
October 2005
8.2.2 Institutions
that made presentations:
q
Department of Social Development
q
National Development Agency
q
South African Social Service Professional Council
q
Central Drug Authority
q
South African Social Security Agency
8.2.3 Adoption not yet
8.2.4 Report publication
not yet.
8.2.5 Debate in the House
No
9. Papers (International Agreements,
Protocols, Reports etc) referred to the Committee: indicate the following: -
10.
Oversight (Local) visits
10.1 Oversight
trip to North West province
10.1.1 Objectives
of the trip
q
Look at the delivery systems within the context of social
security.
q
Interact with stakeholders and service providers active
within the purview of social security delivery.
q
Interact with social development officials with the ultimate
view of ascertaining their level of awareness regarding the broader social
security changes as well as the pending transfer of some of the staff from the
Department of Social Development to the South African Social Security Agency.
q Visit different paypoints
in order to look at changes and challenging areas that needed urgent
intervention.
10.1.2
Dates: 01-05 August 2005
10.1.3
Delegation
|
NAME |
POLITICAL PARTY |
|
Direko,
Ms W |
ANC
(delegation leader) |
|
Makasi,
Ms XC |
ANC
|
|
Masutha,
Mr TM |
ANC |
|
Nzimande,
Mr LPM |
ANC |
|
Weber,
Ms H |
DA |
|
Mars,
Ms I |
IFP |
|
Godi,
Mr T |
PAC |
|
Rajbally,
Ms S |
MF |
10.1.4 Adoption
of the oversight trip report The report is ready and is
awaiting delegates input. It is thus not adopted.
10. International Visits:
Our Committee has undertaken no international trip
this year.
11. Budget Vote
11.2 Referral Date: 02 March 2005
11.3 Briefing
by the Department on Budget Vote 18: 16 March 2005
11.4 Public
Hearings: There were no public hearings owing to time
constraints.
11.5 Date of report publication: 29
March 2005
12. Annual reports of the Executive
12.1 Referral
date: 30 September 2005
12.2 Date
of the briefing by department: 19 October 2005
12.3 Public Hearings: There were
no public hearings held.
12.4 Date of the report publication:
The report is not yet adopted.
13. Other committee activities
(briefings on other issues, workshops, conferences)
13.1 Workshop
The Portfolio
Committee on Social Development held a two-day workshop on 12 and 13 April 2005
in order to seek clarity on certain policy issues related to the Childrens
Bill [B70 2003 (Reintroduced)]. The workshop was held at the Cape Town
International Convention Centre, and was attended by Members of Parliament,
representatives of civil society organizations, child protection practitioners,
academics, legal advisors and officials from the Department of Social
Development.
13.1.1
Date: 12 and 13
April 2005
13.1.2 Agenda:
To seek
clarity on certain policy issues related to the Childrens Bill [B70 2003
(Reintroduced)].
13.1.3 Presenters:
q Ms Paula Proudlock,
Childrens Bill Working Group (CBWG
q Advocate Anne Skelton, Centre for Child
Law, University of the Witwatersrand
q Mr Hendrik van der Merwe,
Office of the Master of the High Court
q Ms Suraya Williams -
Commission on Gender Equality (CGE)
q Ms Linda Mngomezulu,
South African National Civic Organisation (SANCO)
q Carol Bower, RAPCAN
q Dr Moses Thindisa,
Doctors for Life
q Dr Eva Seobi, Doctors for
Life
q Dr Janet Giddy, Director
of HIV Programmes at McCords Hospital, KwaZulu-Natal
q Jackie Lofell
Johannesburg Child Welfare Society
q Professor Julia
Sloth-Nielsen University of the Western Cape
q Mr July Nkutha Disabled
Childrens Action Group
q Jody Kollapen,
Chairperson of the South African Human Rights Commission (SAHRC).
q Denni Leppan
Commissioner Wynberg Childrens Court
q Zeni Thumbadoo National
Association of Child Care Workers.
q
Prof Himonga, UCT
13.1.4
Resolutions:
At the end of the proceedings,
it was felt that the Committee could not spend much more time debating policy
issues, and that the next step would be for the Departments legal drafters to
provide the Committee with alternative drafts of those clauses that had been
identified for further refinement. These drafts would be considered when the
Committee next met after the recess.
14. Budget of the committee
14.1 How
much was allocated to the committee:
R534.280.00
14.1.1
Expenditure: R265, 842.29
q Catering
R38, 422.76
q Provincial
Visits R157, 904.00
q Overseas
Trips - None
q Public
Hearings Advert R40, 016.900
q Transfer
to staff travel R29, 500.00
14.1.2
Balance: R268.437.11
15. Outstanding matters
q Consideration and
adoption of the Hearings Report on the Annual Reports of the Department of
Social Development and entities reporting to it.
q Consideration and
adoption of the Committees Annual Report.
q Consideration and
adoption of the North West oversight visit report.
COMMITTEE
SECRETARY
DATE:
CONTROL
COMMITTEE SECRETARY DATE:
COMMITTEE
CHAIRPERSON
DATE: