Social Development

2012-11-30

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Reply received: July 2012

QUESTION 1064

1064. Mrs P C Duncan (DA) to ask the Minister of Social Development:

Whether any waiting list exists for children to attend any industrial school; if not, what is the position in this regard; if so, (a) how many children are on the waiting list for each school and (b) what is the anticipated period that each child has to wait to be placed in each industrial school? NW1249E

Reply:

The Schools of Industry are still the responsibility of the Provincial Departments of Education since they are regulated and managed in terms of the South African Schools Act. It was discovered that there was conflict between the applicable legislation namely, the Prisons and Reformatory Act 13 of 1911; the Children's Protection Act 25 of 1913; the Child Care Act 33 of 1960; the Child care Act 74 of 1983 and the Children's Act 38 of 2005 as amended.

The 1960 Act repealed the Prisons and Reformatory Act of 1911 and the Children's Protection Act of 1913 respectively. This, repeal mandated the Minister of Education to establish Reform Schools and Schools of Industry as public schools.

(1).(a)&(b) The questions asked require specific information that has to be sought from various provincial Departments of Social Development. My department has as a result, referred the questions to relevant MECs, and we are still awaiting their responses

Reply received: July 2012

QUESTION 1063

1063. Mrs P C Duncan (DA) to ask the Minister of Social Development:

(1) Whether the responsibility for industrial schools fall under her department's authority; if not, under which department's authority do they fall; if so, (a) how many industrial schools are there, (b) where are they situated in each province, (c) what is the schools' capacity and (d) for which gender does each school cater;

(2) Whether there are minimum standards at each industrial school; if not, why not; if so, what are the relevant details with regard to (a) educator-learner ratios, (b) accommodation, (c) education, (d) sporting facilities and (f) other specified standards;

(3) What amount has been budgeted for each industrial school for the 2012-13 financial year? NW1248E

Reply:

(1) The responsibility for the Schools of Industry still falls under the authority of the Department of Basic Education. because they are still regulated and managed in terms of the South African Schools Act. It was discovered after the promulgation of the Children's Act that there is a conflict among the applicable legislation namely, the Prisons and the Reformatory Act 13 of 1911; the Children's Protection Act 25 of 1913; the Child Care Act 33 of 1960; the Child Care Act 74 of 1983 and the Children's Act 38 of 2005 as amended. The Child Care Act of 1960 repealed the Children's Protection Act of 1913 placing the responsibility of the Schools of Industry under the mandate of the Department of Education to establish them as public schools. The review of the Children's Act for amendment, is addressing this matter.

(a) There are 14 Schools of Industry in the country spread among the 7 provinces namely: KZN, Gauteng, Mpumalanga,North West, Eastern Cape, Western Cape, and Free State as stated in the table attached.

NB. Limpopo and Northern Cape provinces do not have Schools of Industry.

(1) The norms and standards for all Child and Youth Care Centres indicate that the living quarters/accommodation should be safe and comfortable for children. Each child must have his or her own demarcated personal space, own bed and personal storage space.

(2)(a)(b)(c)(d)(f) The questions asked require specific information that has to be sought from the Department of Basic Education.

(3) The budget and funds for the Schools of Industry are still with the provincial Departments of Education

Reply received: July 2012

QUESTION 1062

FOR WRITTEN REPLY

1062 Mr M Waters (DA) to ask the Minister of Social Development:

Whether her department has identified measures to (a) simplify the process of the placement of children into foster care where the child is being placed with a family member and (b) formalise the placement through the approval of a grant instead of a court order; if not, why not; if so, what are the relevant details? NW1247E

(a) Yes, the Department has identified measures to simplify the process of the placement of children into foster care with relatives by putting proposals forward for the amendment of the Children's Act 38 of 2005 which will be tabled in Parliament by 2014.

No, a foster care placement is formalised through a court order issued by the Presiding Officer in the Children's Court. The Department is considering other options which aim to simplify the processes required to recognise the placement of children with relatives, access to support services and social assistance. This is still under discussion within the Department including SASSA and the Child Protection Organisations. This will only become effective when the amendments to the Children's Act are approved

Reply received: July 2012

QUESTION 1060 OF 2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper

1060. Mr M Waters (DA) to ask the Minister of Social Development:

(1) Whether there are any waiting lists for children to be admitted to children's homes; if so, (a) how many children are on the waiting list for each specified home and (b) what is the anticipated period that each child will have to wait before being admitted to each specified children's home;

(2) (a) on what basis does her department determine the number of children's homes provided by the State and (b) what number of children's homes is being provided in each province? NW1245E

Reply:

(1)(a) (b) The table attached indicates the number of children who are on the waiting list to be admitted to the Children Homes and the anticipated period that each child will have to wait before being admitted to each specified Children's Home.

NB. The question asked requires specific information that has to be sought from various provincial Departments of Social Development. My department has as a result, referred this question to relevant MECs, i.e. Gauteng, KZN, North West and Western Cape and we are still awaiting their response.

(2)(a) The provinces are doing community profiles which will inform where the gaps are, regarding the service available in each. This will in turn inform what services are needed per province. The provinces are supposed to establish the Children's Homes based on the provincial needs and their budgets. Upon receiving this information from provinces, the Department of Social Development must ensure that there is a comprehensive national strategy aimed at ensuring an appropriate spread of Child and Youth Care Centres throughout the Republic providing the required range of residential care programmes in the various regions taking into consideration children with disability or chronic illness according to the Children's Act 38 of 2005. According to the Children's Act Section 195 -"The MEC for Social Development must, from money appropriated by the relevant provincial legislature, establish and operate child and youth care centres for that province."

(b) The Table below indicates the number of government-run Children's Homes per province.

Province	Number of government run Child and Youth Care Centres
Eastern Cape	0
Free State	2
Gauteng	1
KwaZulu-Natal	1
Limpopo	5
Mpumalanga	1
Northern Cape	0
North West	1
Total	11

Reply received: July 2012

QUESTION 1059

1059. Mr M Waters (DA) to ask the Minister of Social Development:

(1) (a) What number of children's homes are there in each province, (b) where are they situated, (c) what is the capacity of each specified children's home and (d) for which gender does each home cater;

(2) whether there are minimum standards for children's homes; if not, what is the position in this regard; if so, what are the minimum standards for (a) caregiver-child ratios, (b) accommodation, (c) education, (d) sporting facilities, (e) counselling and (f) other specified matters;

(3) what amount has been budgeted for each children's home for the 2012-13 financial year? NW1244E

Reply:

(1) (a) Table attached indicates the number of Children's Home per province.

(b)(c) Table attached indicates the location, capacity and gender for each Children's Home.

NB: the question asked requires specific information i.e. regarding gender, being sought from the various provincial Departments of Social Development. My Department has as a result, referred this question to relevant MECs, and we are still awaiting their responses.

See attached per province

(2) Yes. There are minimum norms and standards for children's homes.

(a) The care-giver child ratio is 1 child care worker to 10 children for the day shift as outlined in the Norms and Standards and Practice Guidelines for the Children's Act.

(b) The norms and standards for Child and Youth Care Centres indicate that, the living quarters /accommodation should be safe and comfortable for children. Each child must have his/her own demarcated personal space, own bed and personal storage space. The entertainment area must provide a comfortable seating arrangement.

(c) According to the norms and standards for Child and Youth Care Centres, children placed in Child and Youth Care Centres, must have access to counselling, education, early childhood development programmes for younger children and recreation Education must as far as possible be, accessed at a school or other training facility within the community where the centre is located.

(d) Sporting programmes fall under the core programmes that must be offered to children in Child and Youth Care Centres. Sporting must be offered under recreational programmes.

(e) Counselling services also fall under the core programmes offered to children in Child and Youth Care Centres as part of the therapeutic programmes that must be offered.

(3) The table attached indicates the budget for each Children's Home for the financial year 2012/2013 is as follows:

NB: the question asked requires specific information i.e. regarding the budget, being sought from the various provincial Departments of Social Development. My Department has as a result, referred this question to relevant MECs, and we are still awaiting their responses.

See attached

The questions asked requires specific information that has to be sought from the various provincial Department of social development. My Department has as a results, referred this question to relevant MECs and we are still awaiting their responses.

Reply received: June 2012

QUESTION 1015

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1015. Mrs S P Kopane (DA) to ask the Minister of Social Development:

Whether the original tender for the recently awarded tender to a certain company (name furnished) specified biometric verification as a requirement; if not, on what authority was the tender specification changed through the issuing of Notice 2 on 6 June 2011, which specified biometric verification as a requirement and not a preference; if so, where can a copy of the original tender that specifies biometric verification as a requirement be obtained? NW1197E

REPLY:

The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith aresubjudice.

Reply received: June 2012

QUESTION 1012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1012. Mrs D Robinson (DA) to ask the Minister of Social Development:

(a) How many officials were involved in the drafting of the technical report relating to the tender which was recently awarded to a certain company (name furnished), (b) what are their names and (c) what position does each hold within her department? NW1194E

REPLY:

(a) (b) and (c).The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

Reply received: June 2012

QUESTION 1011

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1011. Mrs J F Terblanche (DA) to ask the Minister of Social Development:

Whether the Bid Adjudication Committee (BAC) read the report from the Bid Evaluation Committee (BEC) when awarding the tender to a certain company (name furnished); if not, (a) why not and (b) on what basis did the BAC make its decision; if so, (i) where can the transcripts of the meeting where the report was (aa) read and (bb) discussed be accessed and (ii) what are the further relevant details? NW1193E

REPLY:

(1) (a) (b) (i) (aa) (bb) (ii). The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

Reply received: June 2012

Question 1004

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1004. Mrs J F Terblanche (DA) to ask the Minister of Social Development:

(1) Whether she has put any measures in place to ensure that members of the (a) Bid Adjudication Committee (BAC), (b) Bid Evaluation Committee (BEC) and (c) any persons involved in the processing and decision on evaluation and awarding of the tender that was recently awarded to a certain company (name furnished) have no (i) business or (ii) personal connections to the said company or any of its subsidiaries; if not, why not; if so, what (aa) measures and (bb) are the further relevant details;

(2) whether any of these persons were found to have had any (a) business and/or (b) personal connections to the said company; if so, what (i) are the names of the persons, (ii) is the nature of the connections and (iii) specified role did each person play in the awarding of the tender;

(3) whether the specified persons had declared their (a) business and (b) personal connections; if not, in each case, (i) which persons did not declare their interests and (ii) what is the position in this regard; if so, what are the relevant details in each case;

(4) whether any action has been taken against the persons who had not declared their interests; if not, why not; if so, what action, in each case? NW1185E

REPLY:

(1) (a) (b) (c) (i) (ii). The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

(aa) and (bb). The matter is subjudice.

(2) (a) (b) (i) (ii) and (iii). The matter is subjudice.

(3) (a) (b) (i) and (ii). The matter is subjudice.

(4) The matter is subjudice.

Reply received: June 2012

Question 1003

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1003. Mrs J F Terblanche (DA) to ask the Minister of Social Development:

(1) Whether a certain person (name furnished) has been appointed in any capacity by (a) her department or (b) any entity reporting to her in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years; if so, in each case (aa)(aaa) what was the terms of reference of his appointment and (bbb) where can a signed copy of the terms of reference be obtained, (bb)(aaa) what procurement procedure was followed for his appointment and (bbb) where can all necessary supportingdocumentation be obtained, (cc) on which date did he (aaa) commence and (bbb) stop working, (dd) in what specified aspects and bids was he involved, (ee) who took the decision to make use of his services and (ff) how much was he paid;

(2) whether invoices had been issued to the said person with regard to the remuneration he received for his services; if not, in each case, why was he not remunerated for his services; if so, in each case (a) where can copies of all invoices be obtained and (b) how much was he paid for his services;

(3) whether (a) her department or (b) any entity reporting to her had ensured that the said person was not on the payroll of any bidder, including the said company; if not, why not, in each case;

(4) whether the said person had been asked to declare his interests before commencing his work; if not, why not, in each case; if so, what did he declare in each case? NW1184E

REPLY:

(1) (a) (i) (ii) and (iii). The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

(aa) (aaa) and (bbb) The matter is subjudice.

(bb) (aaa) and (bbb) The matter is subjudice.

(cc) (aaa) and (bbb) The matter is subjudice.

(dd) The matter is subjudice.

(ee) The matter is subjudice.

(ff) The matter is subjudice.

(2) The matter is subjudice.

(a) The matter is subjudice.

(b) The matter is subjudice.

(3) (a) The matter is subjudice.

(b) The matter is subjudice.

(4) The matter is subjudice.

Reply received: July 2012

QUESTION 1002

FOR WRITTEN REPLY

Date of publication on internal question paper: 8 June 2012

Internal question paper no: 17

1002. Mrs D Robinson (DA) to ask the Minister of Social Development:

Whether she intends to request the National Prosecuting Authority to investigate the awarding of a tender to a certain company (name furnished); if not, why not; if so, what are the relevant details?

NW1183E

REPLY:

Reply received: June 2012

Question 1001

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

1001. Mrs D Robinson (DA) to ask the Minister of Social Development:

Whether, with regard to the awarding of the tender to a certain company (name furnished), any bidders submitted written questions asking for clarity which led to the issuing of Notice No 2 on 6 June 2011, which specified biometric verification as a requirement and not a preference; if so, with regard to each question, (a) which bidder submitted the question, (b) on what date was the question submitted and (c) what was the exact question; if not, (i) on what basis was Notice 2 issued and (ii) who took the decision to issue the notice? NW1182E

REPLY:

(a) The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith aresubjudice.

(b) The matter is subjudice.

Reply received: June 2012

QUESTION 998

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

998. Mr M Waters (DA) to ask the Minister of Social Development:

(1) Whether, with reference to the recent awarding of a contract for the payment of social grants, the bid adjudication committee (BAC) (a) adopted or (b) approved any reports without all the members being present; if so, in each case, (i) which members were absent and (ii) on what date;

(2) whether she will provide complete copies of all the reports mentioned above to Mr M Waters; if not, why not; if so, what are the relevant details? NW1179E

REPLY:

(1)(a)(b) (i) and (ii) The awarding of the social grants payment tender is being challenged and the matter is currently before the Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matter issubjudice.

(2) The matter is subjudice

Reply received: June 2012

QUESTION 993/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

993. Ms E More (DA) to ask the Minister of Social Development:

(1) Whether the South Coast Recovery Centre (SCRC) has ever been registered with her department; if not, what action has her department taken against the SCRC; if so, (a) when was it first registered, (b) when did its registration expire and (c) for what specified services was it registered;

(2) whether any persons have died at the centre since its inception; if so, (a) how many, (b) what are their names, (c) on what date did each specified person die and (d) what was the cause of death in each case;(3) whether the SCRC is run by a certain person (name furnished); if so,

(4) whether the said person serves on the Central Drug Authority Board; if not, what is the position in this regard; if so, what are the relevant details;

(5) whether the SCRC is registered for (a) detoxification and (b) dispensing of medication; if not, on what basis (i) are they allowed to advertise on their website that detoxification is part of their services and (ii) do they dispense medication? NW1173E

REPLY:

(1) Yes, it was registered and issued with a registration certificate on 20 February 2005

(1)(a) It was first registered on 20 February 2005

(1)(b) The registration expired on 20 February 2010

(1)(c) It was registered as an in-patient treatment centre in terms of Section 9(4) of the Prevention and Treatment of Drug Dependency Act, 1992 (Act No.20 of 1992) to render treatment services

(2) The Department of Social Development was made aware of the death of Ms Blair Trouchet, a resident at South Coast Recovery Centre. However it is not yet established whether the said resident died at the Centre or hospital.

(2)(a) One patient, under the conditions explained under (2)

(2)(b) Ms Blair Trouchet

(2)(c) 23 February 2011

(2)(d) Cause of dealth of Ms Blair Trouchet under investigation by the South African Police Service (SAPS) (Case Number 850/02/2011)

(3) SCRC is managed by Mr Conrad Cooper

(4) No, Mr Cooper is not a member of the Central Drug Authority (CDA), however he once served as a CDA Member from April 2006 till March 2012.

(5) In terms of Section 9 of the Prevention and Treatment of Drug Dependency Act, No 20 of 1992, the Department of Social Development is mandated to register in-patient treatment centres, including medical services such as detoxification and dispensing of medication. However, these medical services can only be registered on recommendation of the Department of Health.

(5)(a) No, SCRC is not registered for detoxification

(5)(b) No, SCRC is not registered for dispensing of medication

(5)(b)(i) Logically, any business cannot advertise services it does not offer. SCRC is not an exception.

(5)(b)(ii) No, SCRC is not dispensing medication

Reply received: July 2012

QUESTION975/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

975. Mrs P C Duncan (DA) to ask the Minister of Social Development:

(1) Whether the payment of the Foster Child Grant (FCG) is payable up to the age of 21 if the learner is (a) at school or (b) studying at a tertiary institution; if not, what is the justification for the discrimination with regard to learners studying at tertiary institutions; if so, what are the relevant details;

(2) whether she intends to amend the Social Assistance Act, Act 13 of 2004, in order to clarify the matter; if not, why not; if so, when? NW1151E

REPLY:

(1) (a) Yes, a Foster Child Grant (FCG) is payable up to the age of 21 for learners still attending school or who are in the process of obtaining a qualification equivalent to grade 12.

(b) No, currently the FCG is not payable to a person studying at a tertiary or post matric educational institution. If tertiary education was to be considered, then all forms of post-matric education would have to be regarded including all; short and long term certificate courses, diplomas and degrees. The inclusion of these post matric qualifications would administratively add pressure and invoke high costs on an already stretched process of lapsing and reinstating the grant. Nevertheless, my Department is currently investigating the feasibility of the matter.

2. No, the Social Assistance Act, 2004 is clear in stating that the FCG is only awarded after a Commissioner of the Children's court has found the child to be a child in need of care and protection in terms of section 150 and then places the child in foster care under sections 156 & 46 of the Children's Act. The placement of the child in foster care is governed by the Children's Act, 2005

Reply received: June 2012

QUESTION 969

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

969. Mrs S P Kopane (DA) to ask the Minister of Social Development:

(1) With regard to the recent awarding of the new contractor for the payment of social grants, (a) who were the members of the Bid Adjudication Committee (BAC), (b) what position within the public service do they hold, (c) on which dates did the BAC meet, (d) what was the duration of each meeting and (e) who attended each meeting;

(2) whether any member of the BAC submitted any documentation that raised concern; if not, why not; if so, (a) which members submitted such documents and (b) on what date;

(3) whether a copy of (a) each document of concern and (b) the transcript of each meeting of the BAC will be made available; if not, why not, in each case; if so, what are the relevant details in each case? NW1145E

REPLY:

(1) (a) The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

(b) The matter is subjudice.

(d) The matter is subjudice.

(e) The matter is subjudice.

(2) The matter is subjudice.

(a)The matter is subjudice.

(3) (a) The matter is subjudice.

(b)The matter is subjudice.

Reply received: June 2012

QUESTION 968

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

968. Mrs S P Kopane (DA) to ask the Minister of Social Development:

(1) Whether a technical evaluation committee (TEC) was established with regard to the recent awarding of the new contractor for the payment of social grants; if not, why not; if so, (a) who served on the TEC, (b) what are their qualifications, (c) how was their appointment to the TEC determined, (d) by whom was it determined, (e) on what dates did the committee meet and (f) what was the duration of each meeting;

(2) whether the TEC produced any reports; if not, why not; if so, (a) how many and (b) when will copies of each report be made available? NW1144E

REPLY:

(1) The awarding of the social grants payment tender is being challenged and the matter is currently before Gauteng North High Court and SASSA is thus unable to answer questions relating thereto because the matters associated therewith are subjudice.

(a) The matter is subjudice.

(b) The matter is subjudice.

(d) The matter is subjudice.

(e) The matter is subjudice.

(f) The matter is subjudice.

2. The matter is subjudice.

(a) The matter is subjudice.

(b) The matter is subjudice.

Reply received: July 2012

QUESTION 932

FOR WRITTEN REPLY

Date of publication on internal question paper: 18 May 2012

Internal question paper no: 13

◙932. Mrs P C Duncan (DA) (p 330)-Social Development.

(1) Whether her department is currently in a labour dispute with a certain person (details furnished); if so, what are the reasons for the dispute;

(2) whether her department has adhered to the court judgment; if not, why not;

(3) whether her department has missed any court deadlines during this dispute; if so, in each case, (a) on what date and (b) what are the reasons for missing the deadline? NW1052E

REPLY:

1. Yes, it is a dispute relating to unfair discrimination based on the official not being shortlisted for the post of Deputy Director: Information Strategy and Planning.

2. The Department is currently in the process of applying for the judgement against the Department to be rescinded as it is of the view that the Labour Court had erred in its default judgement.

3. Yes,

3(a)

3(b)

14 October 2009

The respondent filed its opposition and response out of time as the State Attorney's office did not prosecute the appeal within the time prescribed by the rules of the Appeal Labour Court.

The respondent launched an application for condonation of the late filing of the response which condonation was dismissed by the Honourable Court. The respondent successfully applied for leave to appeal and delivered a notice of appeal.

Reply received: June 2012

QUESTION898/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paperno:

898. Mrs J F Terblanche(DA) to ask the Minister of Social Development:

Whether her department funded the SA Older Persons Forum (SAOPF) annual general meeting that was held on 10 October 2011; if not, why not; if so, what (a) amount was donated and (b) what is the breakdown of (i) travel, (ii) accommodation, (iii) refreshments and (iv) other specified expenses? NW1078E

REPLY:

No, the Department of Social Development did not fund the annual general meeting of the SA Older Persons Forum.

The annual general meeting of the SA Older Persons Forum was planned to coincide with the Golden Games for older persons. The older persons that were funded to attend the Golden Games were therefore invited to the Forum's annual general meeting.

The SA Older Persons Forum receives annual subsidy from the Department of Social Development to promote the rights of older persons in the Provinces.

Reply received: June 2012

QUESTION 897/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

897. Mrs J F Terblanche (DA) to ask the Minister of Social Development:

Whether, with regard to the new policy of financial awards to the nongovernmental/nonprofit organisation (NGO/NPO) sector, which her department embarked upon after the Free State court judgement, any consultation has taken place with the NGO/NPO sector to determine the new policy; if not, why not; if so, (a) on what dates did consultation take place and (b) what (i) are the names of the organisations that were consulted, (ii) proposals did the NGO/NPO sector make and (iii) is the new financial awards policy? NW1077E

REPLY:

The process of review of the Policy on Financial Awards to NPOs started before the Free State court case, let alone the judgment.

Yes, consultative sessions with regard to the new Policy on Financial Awards to Service Providers with the NGO/NPO sector have taken place

(a) The following are the dates on which NGOs/NPOs were consulted :

26 August 2011

11 October 2011

In addition to that, consultative sessions were held with the NGOs/NPOs across provinces on the following dates:

Province	Date
(1) Free State	16 September 2011
(2) Limpopo	26 September 2011
(3) North West	22 November 2011
(4) Northern Cape	14 December 2011
(5) Eastern Cape	16 February 2012

(b) (i) The following are the names of some of the organizations that were consulted

Names of organizations

(1) NCPPDSA

(2) DEAFSA

(3) SAVF

(4) Council for Church Social Services

(5) Khulisa Social Services

(6) SADAG

(7) Autism SA

(8) Free State Care in Action

(9) Child Welfare SA

(10) FAMSA

(11) SANCA

(12) Bokamoso

(13) SAFMH

(14) NICRO

(15) NGMC

(16) Die Ondersteuningsraad

(17) St Johns Care Centre

(18) CMR

(19) Age in Action

(20) SAOPF

(21) Mkhondo Mlotswa Rehabilitation centre

(22) Mhaza VEP Centre

(b) (ii) The following are some of the proposals that were made by the NGOs/NPOs :

• The policy needs to reflect the obligations and responsibilities of both government and the NGO/NPO with regard to funding of NPOs

• The policy to reflect a clear definition of partnership between the sector and government and also address what needs to be funded and how the funding is to be obtained

• The policy to be aligned to the Integrated Service Delivery Model which clearly outlines a range of services which have to be rendered by both parties

• Policy to provide specific guidelines and criteria for the funding of services;

• Policy to clearly define the roles of different stakeholders in the sector

• Change the title of the policy to "Policy for Financing of Social Welfare Services"

(b) (iii) The policy is called the Policy on Financial Awards to

Service Providers (PFA)

Reply received: June 2012

QUESTION 874/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

874. Mrs P C Duncan (DA) to ask the Minister of Social Development:

Whether she intends to effect any amendments to the Older Persons Act, Act 13 of 2006, to include all residential-care facilities (RCFs), irrespective of whether they offer 24-hour care or not; if not, (a) why not and (b) what was the reasoning for excluding RCFs that do not offer 24-hour care from the Act; if so, (i) when does she intend to table the amendments and (ii) what is the nature of the amendments? NW1051E

REPLY:

Yes, the Minister of Social Development intends to amend the Older Persons Act, Act 13 of 2006.The Older Persons Act, Act 13 of 2006 does include all categories of residential care facilities. The Act defines a residential facility as "a building or other structure used primarily for the purposes of providing accommodation and of providing a 24-hour care to older persons".

The Regulations of the Older Persons Act, part 2 of the National norms and standards regarding acceptable levels of services to older persons and service standards for residential facilities makes provision for the three categories of residential facilities namely (Category A-Independent living, Category B-Assisted Living and Category C-Frail care).

The process of amending the Older Persons Act, Act 13 of 2006 has started whereby provinces sent in their inputs for amendments. Currently the National Department of Social Development is collating information on the proposed amendments and a draft document will be consulted with the sector. The national office planned to conduct consultation sessions with four provinces in the financial year 2012/2013.

The amendment of the Act will cover all the gaps identified in all the chapters of the Act as received from provinces and identified during the implementation process.

In terms of residential facilities, the amendments will clearly define the three categories of residential facilities in terms of registration, provision of services and admission requirements. The admission tool (DQ 98) will be reviewed to guide admission of older persons in all three categories of residential facilities.

Reply received: July 2012

QUESTION 873/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

873. Mrs P C Duncan (DA) to ask the Minister of Social Development:

(1) Whether the funding model used to determine funding to Residential Care Facilities (RCF) is activity based; if not, (a) why not and (b) on what basis is it determined;

(2) Whether her department has conducted any study to determine whether activity based funding would be a more equitable funding of RCFs; if not, (a) why not and (b) when will such a study be conducted; if so, what are the relevant details? NW1050E

REPLY:

(1) No, the Department does not have an activity based funding model that it is currently utilizing to determine funding to Residential Care Facilities (RCFs).

(a) The Department is currently in the process of developing a funding model and the relevant details will be released upon approval.

(2) No, the Department has not conducted any study to determine whether activity based funding will be more equitable regarding funding of Residential Care Facilities. The current departmental process of developing a funding model and its related consultative sessions will assist to determine whether activity based funding will be more equitable funding for Residential Care Facilities.

(a)The Department is being guided by the outcome based planning and monitoring model of the South African government. In addition, the current departmental process of developing the funding model and its related consultative sessions will further assist the department to determine the validity of the process.

(b)The Department is not planning to conduct a study to determine whether activity based funding will be more equitable funding for Residential Care Facilities; as the department has resolved to follow the outcome based planning and monitoring model of the South African government which advocates for an activity based approach to the costing of Social Welfare Services. The Department will release the relevant details to the public domain once the project has been finalized, consulted and approved.

Reply received: July 2012

QUESTION872/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paperno:

872. Mrs P C Duncan (DA) to ask the Minister of Social Development:

(1) Whether all provinces are implementing the Older Persons Act, Act 13 of 2006; if not, (a) why not, (b) which provinces are not implementing Act 13 of 2006, (c) on which date is it envisaged that they will implement Act 13 of 2006, and (d) which Act is currently being implemented;

(2) whether the failure to implement Act 13 of 2006 in the abovementioned provinces compromised the rights and protection of older persons in those provinces; if not, what is the position in this regard; if so, what are the relevant details;

(4) whether the amount budgeted by each province is adequate for the implementation of the Act 13 of 2006; if not, (a) what is the shortfall for each province, (b) what amount did the costing report of the Older Persons Act, Act 13 of 2006, stipulate should be budgeted for in each of the above financial years? NW1049E

REPLY:

(1) Yes, all the nine provinces are implementing the Older Persons Act, Act 13 of 2006.

(2) All the nine provinces are implementing the Older Persons Act 13 of 2006 through various programmes that ensures protection and promotion of the rights of older persons. Since the enactment of the Act in 2006, the national department of Social Development has popularized the Act in all nine provinces and conducted capacity building workshops to capacitate provinces for implementation of the Act. All the nine provinces have been implementing all the services in line with the Act, especially ensuring paradigm shift from the institutional care to community based care by developing programmes at grassroots level that ensures that older persons remains in communities for as long as possible.

(3) There was no special amount budgeted by provinces for the implementation of the Older Persons Act, Act 13 of 2006,in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years. After the costing of the Older Persons Bill, the National Department of Social Development together with all the nine provincial departments submitted a Bid to Treasury to request for budget allocation for the implementation of the Act. The Bid was never successful.

(4) The provinces are only allocated budgets as part of their Annual Performance Plans and the allocation for financial Awards to Non-Governmental Organisation is based on the priorities of the province in terms providing services and not specific to implementation of the Older Persons Act 13 of 2006.

Budget Allocation for services to Older Persons in Provinces

PROVINCE	ALLOCATION:2010/2011	ALLOCATION :2011/ 2012	ALLOCATION :2012 /2013
Free State	R71,905,000	R87,030,000	R87,841,000
Gauteng	R 1million	R1,2 million	R 1 116500
Limpopo	R 23 600 000	R36 531 000	R37 089 000
Mpumalanga	Not submitted	Not submitted	Not submitted
North West	No allocation	No allocation	No allocation
Eastern Cape	R94 761 000	R 93 820 000	R94 067 000
Northern Cape	R15 334 000	R16 860 000	R16 360 000
Western Cape	R150 702 000	R 152 802 000	R 154 702 000
Kwa-Zulu Natal	R98 000 000	R98 000 000	R107 000 000

The budget allocated to provinces is not adequate to provide services to older persons to fully implement the Older Persons Act. The Costing report on the Older Persons Bill only gave overall budget estimates for MTEF 2006-2009 based on 2005 funding. The budget allocations to respective provinces by their provincial Treasuries did not cover what was requested by provinces due to other competing needs. In order to provide optimal funding for the implementation of the Older Persons Act no 13 of 2006 and to NGOs, the department is currently looking in a process of finalizing the costing models for provision of services.

Overall Budget Estimates, MTEF 2006 -2009 (2005 prices) see attached

Reply received: June 2012

QUESTION 871

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

871. Mrs S P Kopane (DA) to ask the Minister of Social Development:

Whether there are any international standards that stipulate how often a vulnerable child should be visited by a social worker; if so, what are these minimum standards? NW1048E

REPLY:

There are no International standards that stipulate how often a vulnerable child should be visited by a social worker. The following documents in terms of the referencing were perused namely, International Federation of Social Workers (IFSW) and International Association of schools of Social Work (IASSW).

The Department of Social Development is currently reviewing the Norms and Standards for Social Welfare Services and pre condition for service delivery. The Norms and standards provide for the development, implementation and review of a legislative and policy framework for rendering social welfare services. It defines the criteria to be followed the scope and objectives to be achieved , when rendering social welfare interventions According to the norms and standards, every case should be dealt with in a unique manner. The norms and standards emphasise that social workers should undertake need assessment and identify risk factors in relation to children. The outcomes of the assessment will inform the drafting of the Individual Development (IDP) and the appropriate programmes for the child as prescribed by the Children's Act 38 of 2005.

A vulnerable child is defined as a child whose survival ,care, protection or development may be compromised due to a particular condition, situation or circumstance which prevents the fulfilment of his or her rights. (Orphans and Vulnerable Children Policy Framework) The Department of Social Development has developed guidelines on statutory services for Child Headed Households which also includes vulnerable children. These guidelines are premised on the principle that all proceedings, actions, or decisions in the matter concerning a child must respect, protect, promote and fulfil the child rights as set out in the Bill of Rights( Constitution of South Africa); and that the child's best interest is of paramount importance.

The guideline outlines the steps to be followed in dealing with cases of vulnerable children and with child headed households in particular. The process begins with the reception of children where the social worker immediately ensures the safety, protection and well-being of children and then conducts an initial assessment of the child and household. The Guideline prescribes that this should be done within 7 days of the case been reported. A comprehensive assessment report is later compiled with recommendations which are based on a risk assessment and a care plan for the vulnerable child.

There is no further norm for further service delivery for vulnerable children, but there is an expectation that the Individual Care plan should prescribe when contact between the social worker and client must be made.

Furthermore, the Department of Social Development developed Norms and standards for Child protection in line with the Children's Act number 38 of 2005 section 106. These Norms and Standards relate to:

· Prevention and early intervention Programmes

· Assessment of a child

· Therapeutic programmes

· After care

· Family reunification and integration

· Foster care services

· Integration into alternative care

· Adoption services

· Permanency plans

· Education and information

· Child head household

Social workers observe these norms and standards when they render services to children, including vulnerable children.

Reply received: June 2012

QUESTION870/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paperno:

870. Mrs S P Kopane (DA) to ask the Minister of Social Development:

(1) Whether any criteria are used to identify successful candidates for bursaries to qualify as social workers; if not, (a) why not and (b) when is it envisaged that criteria will be developed; if so, what are the relevant details of the criteria;

(2) Whether literacy of aspirant candidates are taken into account; if not, (a) why not and (b) how does her department intend to ensure that all persons who qualify for bursaries are literate; if so, how is the level of literacy determined? NW1047E

REPLY:

(1) Yes, the Department utilises a criteria for the identification of successful candidates for bursaries to study social work. The following are the relevant details of the criteria used:

· The applicant should have passed matriculation with an exemption.

· He /she should have an acceptance letter to study at the university, preferably in his/her province of residence.

· The financial background of the applicant and or that of his/her family is considered, which implies that applicants who come from low income families are given first preference.

· Applicants who come from rural areas are also prioritized.

· Applicants who fall under the category of orphans and vulnerable children and youth; especially those in child headed households, child and youth care centers and foster care placements are considered.

· Close relatives of military veterans that may include children and spouses are considered.

(2) Yes, the literacy of the aspirant candidates is being taken into account. The Department ensures that all aspirant candidates meet the minimum requirement of literacy through collaboration with the South African Council for Social Service Professions, the Department of Higher Education and the Universities which set the entry level standards for students to study social work. The matric exemption certificate also serves as a standard proof for acceptable level of literacy and it is a prerequisite to study a Bachelor of Arts Degree/ Programme in South Africa.

Reply received: June 2012

QUESTION 859

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

859. Ms S P Kopane (DA) to ask the Minister of Social Development:

(1) Whether there is a backlog in processing applications for foster care parent registration; if so, (a) what is the backlog in each province and (b) by which date is it envisaged that the backlog will be eradicated in each province;

(2) what are the reasons for the backlog, apart from the chronic lack of social workers;

(3) whether she intends to amend the Children's Act, Act 38 of 2005, in order to simplify the application process and the review process in this regard; if not, why not; if so, (a) when does she intend to table the amendments and (b) what will the amendments entail? NW1036E

REPLY:

1. Yes. (a) and (b) Table 1 below provides the responses to question 1(a) and (b).

TABLE 1: BACKLOG OF INVESTIGATIONS FOR FOSTER CARE PLACEMENTS

PROVINCE	NUMBER OF THE BACKLOG FOSTER CARE INVESTIGATIONS (Source: Provincial foster care monthly reports, March 2012)	TURN AROUND TIME FOR COMPLETION OF THE BACKLOG
Eastern Cape	17 186	March 2013
Free State	3 367	September 2012
Gauteng	12 512	September 2012
KZN	5 130	August 2012
Limpopo	867	September 2012
Mpumalanga	7 201	March 2013
North West	1 168	August 2012
N Cape	748	August 2012
W Cape	1 121	August 2012
TOTAL	49 300

2. There is an increasing number of children requiring foster care services. This is due to the high levels of poverty, unemployment, family disintegration, an increase in the spread of HIV&AIDS including high number of deaths among young parents which leads to more orphaned children, abandoned babies, high levels of abuse, neglect and exploitation of children. Over the years, the uptake of foster child grants in South Africa has increased as follows: 454 199 in March 2008; 512 874 in March 2011 and 536 747 in March 2012.

3. The issues related to the Children's Act which contribute towards the accumulation of the backlog are the following; presiding officers have varying interpretations of Section 150(1)(a) on the visible means of support, resulting in a reduced number of finalised court inquiries for children with relatives; the requirement that the children who are to be placed in foster care be advertised in a newspaper prior to the court appearance contributes towards the administrative delays in the finalisation of the court inquiries. Lack of social workers and high caseloads also impacts heavily on the number of cases being finalised at the courts.

4. Yes the Department intends putting proposals forward for the amendment of the Children's Act 38 of 2005 in order to simplify the foster care application process. The review process has commenced and consultative sessions are underway. (a) the Department intends to table the amendments in 2014.

Reply received: July 2012

QUESTION 858/2012

FOR WRITTEN REPLY

Date of publication on internal question paper: 20 April 2012

Internal question paper no: 858/2012

858. Ms E More (DA) to ask the Minister of Social Development:

(1) Whether her department is currently facing any court challenges with regards to awarding of foster care grants; if so, (a) what are the details in each case, (b) on what date are the court cases to be heard and (c) who is the complainant in each case;

(2) whether her department intends to oppose any of the court cases; if so, (a) which cases and (b) for what reasons? NW1035E

REPLY:

Yes. The department is currently facing two high court cases with regards to awarding of foster care grants. The court challenges are in respect of the interpretation of the Children's Act, 2005 (Act 38 of 2005) ("the Act") by the Presiding Officers, in particular section 150 thereto.

(a) The first matter involves the Centre for Child Law v The Presiding Officer of the Krugersdorp Magistrate Court. In this case the Presiding Officer ("Magistrate") refused to declare Sithasolwazi Stemele ("the minor child") to be a child in need of care and protection as there was no proof that the child was "…without any visible means of support.." as provided for in the Act. This resulted in both the Centre for Child Law and the Legal Aid Board appealing, on behalf of the minor child, to the High court against the Magistrate's decision.

The second matter involves the Legal Aid Board v The Presiding Officer of the Krugersdorp Magistrate's Court. In this case the Magistrate refused to declare Manana Nono Cynthia ("the minor child") to be a child in need of care and protection for reasons similar to those involving the Centre for Child Law. This resulted in the Legal Aid Board appealing to the High Court, on behalf of the minor child, against the decision of the Magistrate.

Although the Department of Social Development was not originally a party to both court cases, it is of the view that both children are in need of care and protection and has since applied, successfully, to participate in the court cases to enable the court to make a proper decision. The Department of Social Development's involvement in this regard is as a result of the Centre for Child Law's submissions to the effect that section 150 of the Act should be read and interpreted differently. The Act currently provides as follows:

"Child in need of care and protection

150 (1) A child is in need of care and protection if, the child-

(a) has been abandoned or orphaned and is without any visible means of support…"

Centre for Child Law argues that the section should read as follows:

"…has been abandoned or orphaned or is without any visible means of support…"

The Department of Social Development is of the view that the section must remain with the word "and" as the word "or" will change the meaning and the intention of the legislature. The Department of Social Development is also of the view that when deciding whether a child is in need of care and protection the income of the prospective foster parent should not be taken into account in determining whether the child is "without any visible means of support".

(b) The matter of the Centre for Child Law was in court on the 16 April 2012 and judgment is reserved. The Legal Aid Board matter awaits the judgment of the matter of the Centre for Child Law and will abide the Court order.

(c) The complainants are Sithasolwazi Stemele in the matter brought by Centre for Child Law and Manana Nono Cynthia in the matter brought by the Legal Aid Board.

(2)The Department of Social Development is not opposing the appeal, but made an application to court, which was granted, to make submissions in an attempt to assist the Court in the proper interpretation of the relevant provisions of the Act.

Reply received: June 2012

QUESTION 857/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

857. Ms E More (DA) to ask the Minister of Social Development:

(1) Whether she intends introducing legislation to amend the Children's Act, Act 38 of 2005, to allow relatives who care for orphaned family members to receive a (a) foster grant or (b) new type of grant, in order to ensure that these children are adequately provided for by the state; if not, (i) why not and (ii) on what basis does her department expect relatives to look after orphaned family members; if so, (aa) when will amendments to this Act be introduced and (bb) what will the value of the grant be;

(2) whether her department has any statistics of how many orphaned children are being cared for by a family member; if not, why not; if so, how many (a) of these orphaned children are there in each province, (b) foster care grants are paid out for this specific category and (c) of these orphaned children are not entitled to access a foster grant;

(3) what are the reasons that certain orphaned children living with relatives are entitled to foster care grants while others are not? NW1034E

REPLY:

1. No. (b)(i) The Children's Act already makes provision for relatives to be appointed as foster parents of orphaned children through a court order, which provides them access to foster child grants as legislated in the Social Assistance Act.

2. No. (a)(b)(c) The Department does not collect the information according to the indicators indicated on Question 2. The Table below indicates the total number of children receiving foster child grants. However, research indicates that 80% of children are fostered by relatives.

PROVINCE	TOTAL NUMBER OF CHIDREN PLACED IN FOSTER CARE
Eastern Cape	135 025
Free State	39 990
Gauteng	66 969
KZN	148 907
Limpopo	30 095
Mpumalanga	37 077
North West	45 509
N Cape	13 027
W Cape	14 217
TOTAL	530 816

3. A court order issued by the Children's Court placing an orphaned child in foster care with a relative, provides an opportunity for the care giver to apply for the foster child grant.

The social worker has to investigate the individual circumstances of the child concerned. Depending on the outcomes of the investigation, the social worker can make a recommendation to the court for the care giver to apply for the foster child grant.

The application for a foster care grant is a separate process under the Social Assistance Act. The presiding officer in the Children's Court must approve the recommendation for the foster care grant application. The foster care grant is approved under the following circumstances.

(a) If the child is in need of care and protection,

(b) The child satisfies the requirements of the Child Care Act.

A foster parent is eligible to foster child grant if:

(a) a child is placed in his/ her care in terms of the Child Care Act 38 of 2005

(b) the child remains in his or her custody;

refugee.

Documents required for the application of the foster child grant are:

(a) an identity document of the applicant and of his /her spouse;

(b) a valid birth certificate of a foster child in respect of whom an application is made. Such application must be accompanied by the copy of a court order placing the child in foster care.

Reply received: May 2012

QUESTION 855/2012

FOR WRITTEN REPLY

Date of publication on internal question paper:

Internal question paper no:

855. Mr M Waters (DA) to ask the Minister of Social Development:

(1) Whether any senior officials from her department or any entity reporting to it have received any (a) gifts, (b) local trips, (c) overseas trips and (d) any other specified gifts or awards from a certain company (name furnished) (i) in the (aa) 2009-10 and (bb) 2010-11 financial years and (ii) during the period 1 January 2012 up to the latest specified date for which information is available; if so, (aaa) which senior officials have received any of these gifts or trips and (bbb) what was the (aaaa) nature and (bbbb) value of the gift or trip;

(2) whether each official declared each gift or trip received from the said company; if not, (a) why not, (b) what are the names of the officials, (c) which gift or trip did they fail to declare and (d) what actions have been taken against each official in each case; if so, what are the relevant details;

(3) whether any of the senior officials of her department or any entity reporting to it accompanied the said company on any overseas trip; if so, what (a) are the names of the officials, (b) was the value of the overseas trips, (c) were the dates of the overseas trips, (d) was the purpose of the overseas trips and (e) was the motivation for accompanying the said company? NW1032E

REPLY:

(1)(a)(b)(c)(d) No. No Senior Officials from my Department or any of the Entities reporting to it received any gifts from the said company.

(1)(i)(ii)(aa)(bb) Not applicable.

(1)(i)(ii)(aaa)(bbb) Not applicable.

(1)(i)(ii)(aaaa)(bbbb) Not applicable.

(2)(a)(b)(c)(d) Not applicable.

(3)(a)(b)(c)(d)(e) No. No Senior officials from my Department accompanied the said company on any overseas trips.

2012-11-30

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