REPORT OF THE SELECT COMMITTEE ON SOCIAL SERVICES ON ITS ACTIVITIES UNDERTAKEN DURING THE 4TH PARLIAMENT (MAY 2009 – MARCH 2014), 19 MARCH 2014

KEY HIGHLIGHTS

 

1.             Reflection on committee programme per year and on whether the objectives of such programmes were achieved

 

The Committee, as a collective, strived to apply its mandate in facilitating legislation introduced by/or overseeing the work done by the three Departments, namely: The Departments of Health, Home Affairs and Social Development as well as their entities.

 

The Committee contributed in efforts aimed at enhancing the lives of ordinary citizens. The Committee is of the view that by means of continuously engaging with these Departments, a change in the lives of South African citizens was made possible.

 

2.             Committee’s focus areas during the 4th Parliament

 

The Committee’s aim this term was to gain as much insight into the various programmes offered by the Departments in enhancing the lives of the people. This was done through:

 

- Exercising oversight over the Executive, including monitoring implementation of plans and programmes;

- Processing and passing legislation;

-Facilitating public participation; and

-Developing strategic plans.

 

3.             Key areas for future work

 

Focus areas for future work include:

 

- Visiting the National Health Insurance (NHI) pilot sites to ascertain progress made in realising the objectives of the NHI, 

- Conducting oversight in relation to anti-fraud campaigns (and improvement of administration) directed at the South African Social Security Agency’s (SASSA) grant payouts,

- Looking at the various food programmes offered through the Department of Social Development (DSD),

-Conducting oversight to see the development and approval of infrastructure standards for ports of entry and the roll-out of smart cards,

-Meeting with the relevant provincial departments around issues like the implementation of the health district system, modernisation of immigration system, reproductive health initiative, Isibindi and Kwanda programmes.

- Continuously liaising with the public and civil society around issues related to the Departments of Health, Social Development and Home Affairs.

 

4.             Key challenge emerging

 

Clashes between approved committee programmes and the parliamentary programme proved to be the key challenge during the 4th Parliament.

 

5.             Recommendation

 

 Parliamentary programme revisions should be in line with the Committees programme as revisions clash with approved programme plans, and thus negatively affect the work of the Committee.

 

 

1.             INTRODUCTION

 

1.1                  Department/s and Entities falling within the committee’s portfolio

 

The committee’s portfolio entails three departments and their entities.

 

This report provides an overview of the activities the committee undertook during the 4th Parliament, the outcome of key activities, and challenges that emerged during the period under review. Further, it summarises the key issues that should be considered for follow-up during the 5th Parliament, and concludes with recommendations to strengthen operational and procedural processes to enhance the committee’s oversight and legislative roles in future.

 

 

 

a)     Departments of Health, Home Affairs and Social Development

 

Department

Mission Statement

Health

To improve health status through the prevention of illnesses and the promotion of healthy lifestyles and to consistently improve the healthcare delivery system by focusing on access, equity, efficiency, quality and sustainability.

Home Affairs

The efficient determination and safeguarding of the identity and status of ciitzens and the regulation of migration to ensure security, promote development and fulfil our international obligation

Social Development

To enable the poor, the vulnerable and the excluded within South African society to secure a better life for themselves, in partnership with them and with all those who are committed to building a caring society.

 

b)    Entities

 

Name of Entity

Role of Entity

South African Social Security Agency (SASSA)

The role of SASSA is to ensure the provision of comprehensive social security services against vulnerability and poverty within the constitutional and legislative framework, and create an enabling environment for sustainable development.

To deliver integrated, sustainable and quality services in partnership with all those committed to building a caring society.

Central Drug Authority (CDA)

The CDA is expected to give effect to the National Drug Master Plan; advise the Minister on any matter affecting the abuse of drugs; and plan, coordinate and promote measures relating to the prevention and combating of alcohol, drugs and the treatment of persons dependent on alcohol and drugs.

 

National Development Agency (NDA)

 

To contribute towards the eradication of poverty and its causes by granting funds to civil society organisations for the purposes of implementing development projects of poor communities;

Strengthening the institutional capacity of other civil society organisations that provide services to poor communities, as well as to promote consultation, dialogue and sharing of development experience between civil society organisations and relevant organs of state, debate development policy; and to undertake research and publication aimed at providing the basis for development policy.

 

 

 

South African Council of Social Service Professionals (SACSSP)

The South African Council for Social Service Professions (SACSSP) is a Statutory Body that regulates the Social Service Professions in terms of the Social Service Professions Act 110, 1978.

 

Council for Medical Schemes (CMS)

 

The Council for Medical Schemes is a statutory body established by the Medical Schemes Act (131 of 1998) to provide regulatory supervision of private health financing through medical schemes

National Health Laboratories Service of SA (NHLS)

 

The NHLS forms a national network of integrated pathology laboratories throughout the country that utilise common laboratory management systems and transport networks to facilitate transport of specimens, referral of tests to reference laboratories and delivery of results.

 

Medical Research Council (MRC)

The objects of the MRC are, through research, development and technology transfer, to promote the improvement of the health and quality of life of the population of the Republic, and to perform such functions as may be assigned to the MRC by or under the Medical Research Council Act, No. 58 of 1991.

 

Films and Publications Board (FPB)

 

The FPB’s task is mainly to classify films, videos, DVDs, computer games and certain publications for their suitable age viewership, and to provide the public with enough information to make informed choices about what the public and especially children should or should not see. The FPB classifies all film material distributed in South Africa, except that shown on TV.

 

Independent Electorate Commission (IEC)

The Electoral Commission of South Africa is a permanent body created by the Constitution to promote and safeguard democracy in South Africa. Although publicly funded and accountable to parliament, the Commission is independent of the government. Its immediate task is the impartial management of free and fair elections at all levels of government.

 

Government Printing Works (GPW)

 

To provide security printing needs of Government

 

1.2                  Functions of committee

 

In line with the mandate of parliamentary committees, the functions of the Select Committee were to:

 

·         Monitor the financial and non-financial performance of government departments and their entities to ensure that national objectives are met.

·         Process and pass legislation.

·         Facilitate public participation in Parliament relating to issues of oversight and legislation.

 

 

 

1.3                  Method of work of the committee

 

The Committee adopted a programme that is in line with the NCOPs programme. The committee’s programme is attached as Annexure A.

 

The Select Committee held its meetings on Tuesdays.

 

 

1.4                  Purpose of the report

 

The purpose of this report is to provide an account of the Select Committee on Social Services’ work during the 4th Parliament and to inform the Members of the new Parliament of key outstanding issues pertaining to the oversight and legislative programme of the Departments of Health, Home Affairs and Social Development and its entities.

 

 

2.             COMMITTEE STATISTICS

 

The table below provides an overview of the number of meetings held, legislation and international agreements processed and the number of oversight trips and study tours undertaken by the committee, as well as any statutory appointments the committee made, during the 4th Parliament:

 

Activity

2009/10

2010/11

2011/12

2012/13

2013/14

Total

Meetings held

13

16

14

18

2

63

Legislation processed

None

5

1

2

None

0

Oversight trips undertaken

None

2

None

None

None

2

Study tours undertaken

None

1

None

None

None

1

International agreements processed

None

None

None

None

None

0

Statutory appointments made

None

None

None

1

None

1

##Interventions considered

None

None

None

None

None

0##

Petitions considered

None

None

None

None

None

0

##The Committee was involved in the Intervention issued to the SC on Finance to the Limpopo Province, 2013##

 

3.             STAKEHOLDERS

 

The stakeholders of the Committee include civil society and other organisations that conduct work related to the development of social services in the country.

 

4.             BRIEFINGS AND/OR PUBLIC HEARINGS

 

The briefings and/or public hearings of the Committee during its legislation processing were effective and contributed to the amendments made to the legislation.

 

5.             LEGISLATION

 

The following pieces of legislation were referred to the committee and processed during the 4th Parliament:

 

Year

Name of Legislation

Tagging

Objectives

STATUS

2009/10

N/A

N/A

N/A

N/A

2010/11

South African Citizenship Amendment Bill [B17B-2010 (s75)] 

 

 

(National Assembly – sec 75)

 

 

 

 

To amend the South African Citizenship Act, 1995, so as to substitute, insert or delete certain definitions; to revise the provisions relating to acquisition of citizenship by birth, descent and naturalisation; to repeal or to substitute certain obsolete references; and to effect certain technical corrections; and to provide for matters connected therewith.

 

Completed

 

 

 

 

 

 

 

Births and Registration Amendment Bill [B18B-2010 (s75)]

 

(National Assembly – sec 75)

 

 

 

 

To amend the Births and Deaths Registration Act, 1992, so as to substitute, insert and delete certain definitions; to revise provisions relating to the registration of births; to revise provisions relating to amendments of birth registration; to provide for the designation of funeral undertakers; to make provision for the recording of adoptions; to revise the provisions relating to secrecy of records obtained under this Act; to clarify provisions relating to the making of regulations; to repeal certain sections; and to provide for matters connected therewith.

 

 

 

Completed

 

 

 

Local Government Municipal Electoral Amendment Bill [B27B-2010 (s75)]

 

 

 

 

 

 

 

 

(National Assembly – sec 75)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To amend the Local Government: Municipal Electoral Act, 2000, so as to supplement provisions relating to the election timetable and insert a related Schedule to the Act; to amend provisions relating to nomination of candidates; to provide for central payments of deposits by a party which contests election in more than one municipality; to empower presiding officers to alter boundaries of voting  stations, if necessary; to revise provisions relating to number of party agents at a voting station; to clarify the rights and responsibilities relating to assistance to certain voters; to provide for special votes and the procedure related thereto; to enhance the powers and functions of the Electoral Commission and the Electoral Court in relation to the determination and declaration of the result of an election; to provide for further regulation of objections material to the result of an election; and to provide for matters connected therewith.

 

 

Completed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Refugees Amendment Bill [B30B-2010 (s75)]

 

 

 

 

(National Assembly – sec 75)

 

 

 

 

To amend the Refugees Act, 1998, so as to amend, insert and delete certain definitions; to clarify how applications for refugee status rejected as manifestly

unfounded and unfounded must be dealt with; to empower the Director-General to establish the Status Determination Committee; to revise the provisions relating to withdrawal of refugee status; and to provide for matters connected therewith.

 

Complete

 

 

 

 

 

 

Social Assistance Amendment Bill [B5B-2010(S76)]

 

(National Council of Provinces – sec 76)

 

To amend the Social Assistance Act, 2004, so as to insert a definition; to further regulate the eligibility for a disability grant; to enable applicants and beneficiaries

to apply to the Agency to reconsider its decision; to further regulate appeals against

decisions of the Agency; and to effect certain textual corrections; and to provide for matters connected therewith.

 

Completed

 

2011/12

 

Immigration Amendment Bill [[B32B-2010]

carried over from the previous financial year, thus not referred to the Committee during this reporting financial year.

 

(National Assembly – sec 75)

 

To amend the Immigration Act, 2002, so as to substitute certain words of the Preamble to the Act; to delete, insert or substitute certain definitions; to revise provisions relating to the Immigration Advisory Board; to revise provisions relating to the making of regulations; to provide for the designation of ports of entry; to revise provisions relating to visas for temporary sojourn in the Republic and for the procedures with regard thereto; to provide for the mandatory  transmission and use of information on advance passenger processing; to provide for the transmission of passenger name record information; to revise provisions relating to permanent residence; to revise penal provisions; to correct certain

important technical aspects in the text of the Act; and to provide for matters connected therewith.

 

 

Completed

 

2012/13

 

National Health Amendment Bill [[B24-2011

 

 

 

(National Assembly – sec 76)

 

 

 

To amend the National Health Act, 2003, so as to provide for the establishment of the Office of Health Standards Compliance and, for that purpose, to insert,

substitute or delete certain definitions; to delete, revise and insert certain provisions; and to provide for matters connected therewith.

 

Completed

 

 

 

 

 

 

Mental Health Amendment Bill [39-2012

 

 

(National Assembly – sec 76)

 

 

To amend the Mental Health Care Act, 2002, so as to insert a new section; to  provide for the delegation of powers by the head of the national department to officials in the national department; to repeal the Mental Health Act, 1973; and to provide for matters connected therewith.

 

 

 

Completed

2013/14

N/A

N/A

N/A

N/A

 

6.             OVERSIGHT TRIPS UNDERTAKEN

 

The following oversight trips were undertaken:

 

Date

Area Visited

Objective

Recommendations

Responses to Recommendations

Follow-up Issues

Status of Report

17 March 2010

Kwazulu-Natal Province: Ulundi

To do oversight on the state of health districts in the KwaZulu-Natal province

The Committee recommends that relevant resolutions taken be brought to the attention of the Department of Health and Social Development as well as Public Works (in terms of the construction/ engineering works).

 

Department to follow-up.

None

ATC’d

14 September 2010

Western Cape: Hout Bay

Oversight to projects funded by the National Development Agency

 

Funding be made available assist the administration of the projects.

Department to follow-up.

 None

Adopted

 

 

7.             STUDY TOURS UNDERTAKEN

 

The following study tours were undertaken:

 

Date

Places Visited

Objective

Lessons Learned

Status of Report

19-25 February 2011

Kingdom of the Netherlands

The committee decided on this study tour pre-empting the introduction of National Health Insurance to Parliament, a system which will reshape South Africa’s health care system. Also, it decided on Netherlands as a country which was perceived to have one of the best health care systems in the world, and thus provided opportunities for learning from its health care system. The learning therefore from the Netherlands health care system will help Members of Parliament (MPs) in their deliberations on the proposed National Health Insurance.

 

Provided some lessons from their health care system.

Adopted and ATC’d

 

 

8.             INTERNATIONAL AGREEMENTS

 

The Committee did not process or report on any international agreements.

 

 

 

 

9.             STATUTORY APPOINTMENTS

 

The following statutory appointment was referred to the Committee:

 

Date

Type of appointment

Period of appointment

Status of Report

August 2012

Board

5years

Adopted and ATCd

 

 

10.          INTERVENTIONS

 

No interventions were referred to and processed by the Committee.

 

11.          PETITIONS

 

No petitions were referred to and considered by the Committee.

 

 

12.          SUMMARY OF OUTSTANDING ISSUES

There are no outstanding issues from the committee’s activities during the 4th Parliament. However, it is recommended that the Committee consider covering the following issues in the 5th Parliament:

 

 

 

 

 

13.          KEY CHALLENGE EMERGING

 

A key challenge that emerged during the 4th Parliament refers to programme clashes. At times the approved Committee programme clashes with the institution’s programme.

 

 

14.          RECOMMENDATION

 

A key recommendation is that the parliamentary programme revisions should be in line with the Committees programme as revisions clash with approved programme plans, and thus negatively affect the work of the Committee.