SOUTH  AFRICAN  OLDER  PERSONS'  FORUM

 

 

SUBMISSION TO PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT ON  DRAFT OF REGULATIONS FOR

OLDER PERSONS ACT:  20 FEBRUARY  2008

 

 

  1. We have seen several drafts of the Regulations and they are getting better but some important issues are not yet adequately addressed and a lot of fine-tuning needs to be done if the Act is to benefit the majority of older persons in South Africa.

·                 I shall deal only with the more important omissions and objections but I would like to complain about the repetition of Appendices A and B in Chapter 2 and Chapters 3 and 4 (adding 32 pages unnecessarily to the regulations).

·                And I hope that there will still be an opportunity to fine-tune the text of the Regulations.

 

  1. To start, there are no regulations relating to CHAPTER 1 of the Act.  This chapter provides for implementation by all organs of state and levels of government in a coordinated, integrated and uniform manner.

·                We have recommended that there be clauses to  provide for a coordinating mechanism which would plan services and ensure that state employees were made aware of their obligations to older persons. This has evidently been rejected. So how will coordination occur?

 

  1. CHAPTER 2 of the Act (page 1) includes provision of “financial” awards to third parties who provide services.

·                The Regulations contain no guidelines about the level of awards/subsidies . This would address the current wide range and often inadequate subsidies both for community-based and residential services.

·                Nor do they address the recruitment of new service providers in unserviced areas or provision of services by provincial or local government.

·                This chapter also deals with Norms and Standards but I’ll come to those later

 

  1. CHAPTER 3  (page 42) is on Community based care and support programmes.

·                Clause 6 (page 46) deals with levels of services which will vary “according to the needs and means of older persons”.

·                This is followed by three levels of service. Level 1 provides for “the most basic needs for survival.”  Level 2 for intermediate services that require additional resources. Level 3 for more comprehensive services which  are partially for self-funded.  These clauses give the unfortunate impression that the poor will not have access to respite care, transport or excursions

·                In fact, the norms and standards spelt out in Appendices A and B are based more on level of need and location than on means  But the levels of  need must be clearly spelt out and related to mobility, self-care, etc. in the case of community based services.

·                Monitoring of both community based and residential services is weak in the Act (See Sections 15 and 22). Currently the only monitoring of services or residential facilities that takes place relates to accounting by those who receive subsidies .  I would suggest that such provision could be included under 34(f) of the Act which enables the Minister to make regulations regarding measures to prevent, combat and deal with the abuse of older persons and promote the rights of older persons in residential facilities and in the community.

 

  1. CHAPTER 4 (page 85) is on Residential Facilities. These by definition include any building used mainly  for the purpose of providing accommodation and 24 hour service to older persons. Retirement villages and government-run homes must register and have service level agreements with residents on accommodation, services, financial arrangements, rules, etc.

·                However, there are no minimum  norms and standards for admission (although 34(h) of the Act enables the Minister to set these). Present subsidy levels have been frozen for many years and preclude facilities from admitting social pensioners, with the best will in the world. The regulations should provide for realistic awards and funding for emergency beds as a minimum (or a measure to prevent elder abuse?).

·                Residents Committees are fleshed out in Clause 11. Do you think the composition is OK? Between 5 and 12 members . Minimum of 2 residents, 2 staff, 1 community representative (appointed by manager) and the manager. The committee elects the Chair and vice-chair. Theyo call meetings. No number of meetings is specified in the Regulations although the Act states  “the Minister must prescribe the number of and procedure at meetings of a residents committee.”

·                Committees responsibilities are huge (see clause 20(3)) and include ensuring that the manager provides quality service, training for staff, sound financial management, deals speedily with incidents of abuse, consults on the appointment of staff and establishes complaints procedures.

·                The danger is that committees will be still born unless there is independent oversight or built-in safeguards to prevent management takeover.

 

  1. CHAPTER 5 Protection (page 121)  This chapter needs to be tightened up and to highlight clauses in the Act. For example the first sentence in clause 2 (1) should be must more inclusive and open with : “Every person or organization that provides a service to older persons regardless of whether they receive government funding must be registered as a service provider according to their category of service and”,  must take measures including…

·                Clause 2(4)  on  page 121 obliges DSD to educate social workers, police and justice officials on notification of abuse, notices to alleged offenders, procedures for bringing such persons before a magistrate and enquiries into abuse. This clause needs to be monitored. Some of these clauses have been in law since 1967 and never implemented. In addition DSD should bring Clause 30(4) to the attention of  SAPs, magistrates and prosecutors, namely that the abuse of an older person in the commission of any crime must be regarded as an aggrevating factor for sentencing purposes.

·                Are the restraint provisions in Clause 3  in line with the regulations under the Mental Health Act? They should add that restraints or isolation may be used as punishment.

·                Measures to promote the rights of older persons (Clause 6 on page 123) should include: “Ensure that all staff and volunteers are aware that any person who abuses an older person is guilty of an offence (30(1) in Act).” And “ Ensure that all staff are aware that they have a legal duty to report elder abuse and failure to do so is an offence (Clause 26 of Act).”

·                The  Regulations on the Register of persons convicted of abuse (Clause 8 on page 124) do not oblige the Justice Department to inform DSD of convictions.. Nor does clause 6(4) make it clear how employers find out who is on the Register.

·                There are also some changes and additions that need to be made to the protocol on elder abuse on page 133.

 

 

Mary Turok (Chairperson)