ATC140327: Report of the Portfolio Committee on Social Development on its activities undertaken during the 4th Parliament (May 2009 – March 2014), dated 12 March 2014
Social Development
Report of the
Portfolio Committee on Social Development on its activities undertaken during
the 4th Parliament (May 2009 March 2014), dated 12 March 2014
1.
Introduction
1.1 Purpose of the
report
The purpose of this report is to provide an account of the Portfolio
Committee on Social Development work during the 4
th
Parliament and
to inform the members of the new Parliament of key outstanding issues
pertaining to the oversight and legislative programme of the Department of
Social Development and its entities.
This report provides an overview of the activities the committee
undertook during the 4
th
Parliament, the outcome of key activities,
as well as any challenges that emerged during the period under review and
issues that should be considered for follow up during the 5
th
Parliament. It also summarises the key issues for follow-up.
1.1
Functions of
committee:
Parliamentary committees are mandated 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.
1.2
Functions of
committee:
Parliamentary committees are mandated 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
In its Five Year
Strategic Plan the Committee resolved
that its
method of work for the 4
th
Parliamentary term would be more action
orientated. It planned to conduct oversight visits that are well informed and
respond to the needs of the society and ensure that the executive is
accountable to their needs. The Committee thus resolved to conduct oversight visits
to all the nine provinces in the country during its term of office. It however managed
to visit six
[1]
provinces due to other urgent matters that had to be attended to, as it will be
shown in section 5. The Committee also worked closely with the Minister of Social
Development, Ms Bathabile Dlamini, Deputy Minister, Ms Maria Ntul and the
former Minister, Edna Molewa, MPs, who regularly attended meetings of the
Committee and gave brief overviews of the presentations. The Committee also
undertook to hold joint committee meetings with relevant departments that
implement legislative and policy obligation whose implementation cuts across
government departments. These included Department of Justice and Constitutional
Development, South African Police Service (SAPS), Department of Women, Children
and People with Disabilities, Department of Health and the Department of
Education. The Committee also resolved to forge a working relationship with the
civil society and research institutions. Details on this are found under the
section on the review of the committee programmes below.
Key highlights
1.
Reflection on committee programme per year and on
whether the objectives of such programmes were achieved
2009 committee programme
Key focus areas: women
empowerment, fight against poverty, forge collaboration with civil
organisations
As 2009
was the beginning of the 4
th
Parliament the objective of the
Committee was to develop a 5 Year Strategic Plan, which it achieved. One of the
planned activities included in the strategic plan was to conduct oversight on
women empowerment and fight against poverty. When the issue of forced marriages
(or ukuthwala) in the Eastern Cape emerged as an issue that need urgent
intervention in 2009, it had implication on the work of the Committee. Also,
the War Room on Poverty had just been initiated as a government anti poverty
strategy. Also, the two issues had implications on the work of the Department
of Social Development as they fall within its mandated responsibilities to
fight poverty and women empowerment, which the Committee conducts oversight
over. The issue of forced marriages had implications on the Victim Empowerment
Programme which is led by the department. Hence the Committee invited the
department and the
United
Nations International Children's Emergency Fund
(UNICEF) to brief it on forced marriages and interventions that can be
taken to address it.
Over
its term in office the Committee continued to focus on women empowerment and
poverty as one of the policy areas to conduct oversight on. The briefing by
UNICEF was also in line with the Committees objective to develop a working
relationship with the civil society organisations as these continue to play a
key role in providing some of the departments services. This objective was
carried over the whole term of office of the Committee. The Committee received
briefings from the UNICEF (as indicated above), Nestle and the Association for
Responsible Alcohol Use (ARA), Childrens Institute,
South African National
Council on Alcoholism
(SANCA),
United Nations Population Fund (UNFPA),
BlackSash, Older Persons Forum, Coalition of Not for Profit
Organisations, Soul City and LoveLife.
2010 committee programme
Key focus areas: Services to
children (Implementation of the Childrens Act), services to older person
(implementation of the Older Persons Act), and substance abuse (implementation
of the Prevention of and Treatment of Substance Abuse Act)
The
Committees objectives for this year included conducting oversight over the
implementation of the key legislation of the department (Childrens Act, Older
Persons Act and Prevention of and Treatment of Substance Abuse Act), funding of
the Non for Profit Organisations (NPOs) and anti poverty strategy. The
objective to conduct oversight over the implementation of the aforementioned
legislation carried through the entire term of the Committee. It visited child
headed households; the Childrens Court in KwaZulu-Natal and Child and Youth
Care Centres. It received a presentation from the Childrens Institute and from
the Departments of Social Development and Department of Justice and
Constitutional Development on the implementation of the Childrens Act. It also
held a separate joint meeting with the two departments on the implementation of
the Child Protection Register. This is one area that the committee continuously
expressed serious concerns over its slow implementation.
It also
held a joint meeting with the Portfolio Committee on Women, Youth, Children and
People with Disabilities to receive a briefing from the Departments of Health,
of Committee on Women, Youth, Children and People with Disabilities, of Basic
Education and of Social Development on how their services had improved the
lives of children. The Department of Justice and Constitutional Development
also briefed the Committee
on
the measures it had put in place to make special courts client friendly
regarding protecting clients rights to privacy
.
It
visited rehabilitation centres and the
South African National
Council on Alcoholism
(SANCA) to assess
compliance to the norms and standards and anti substance programmes implemented
as stipulated by the and Prevention of and Treatment of Substance Abuse Act. It
also received a briefing from the Department of Social Development and the CDA
on the Substance Abuse Strategy summit resolutions and their implementation.
With
regard to the implementation of the Older Persons Act, the Committee received a
briefing from the Older Persons Forum. It also visited old age homes during its
2011, 2012 and 2013 oversight visits (Eastern Cape, KwaZulu-Natal and Gauteng).
2011 committee programme
Key focus areas: substance abuse
(implementation of the Prevention of and Treatment of Substance Abuse Act
) ,
NPO funding, SASSA Service Delivery Model, NDA projects
The
main objectives of the committee programme was to conduct oversight over the
implementation of the Prevention of and Treatment of Substance Abuse Act by
looking at the conditions and compliance of rehabilitation centres to norms and
standards of the Act and receive briefings from the Department of Social
Development, the Central Drug Authority (CDA) and the South African Police
Service (SAPS). This objective linked with the other objective of monitoring
and assessing the work of the CDA. The Committee invited SAPS to host an
exhibition in Parliament to raise awareness on the different types of illicit
substances and their effects. During its interactions with the Department of
Social Development and the CDA, the Committee raised concerns over the absence
of the rehabilitation centres in Limpopo and Northern Cape provinces. It
recommended to the Minister of Social Development that these centres should be
established in these provinces.
The
other objective was to assess challenges relating to the timely funding of the NPOs
and monitor the drafting and implementation of the National Policy on Financial
Awards to NPOs. The Committee received the briefing on the policy from the
Department of Social Development. It also invited the NPO sector to brief it on
the challenges it had encountered with regard to funding and other support from
the department.
Another
objective was to assess the performance of the South African Social Security
Agency (SASSA) and the National Development Agency (NDA). With regard to SASSA,
the Committee wanted to monitor the finalisation and implementation of the
Service Delivery Model. Between 2011 and 2013, the oversight work of the
Committee over SASSA focused on monitoring the implementation of the Model. The
Committee particularly focused on the implementation of the standardisation of
business processes, Integrated Community Outreach Programme (ICROP),
re-registration process, local office upgrades, queue management,
organisational restructuring, reduction of vacancy rate, automation of
processes and fraud management. The Committee monitored the implementation of
the aforementioned by conducting oversight visits to SASSA services areas,
local offices and pay points in all the provinces it had visited. `
The
Committees oversight objective over the NDA was to assess the entitys
projects in terms of funding, value for money, sustainability, job creation and
marketability of their products. The Committee visited the projects in all of
the provinces it visited.
2012 committee programme
Key focus areas: job creation,
implementation of the Childrens Act
The
main objective of the Committee was to monitor the progress made by the
Department of Social Development and its entities in responding to the
government priority of job creation. With regard to the department it monitored
the implementation of the Masupatsela Youth Programme, Extended Public Works
Programme through the Early Childhood Development Programme and the Community
Home Based Care programme, and the Social Work scholarship programme. It also
invited the department to come and brief it on its skills analysis and job creation
strategy in the social development sector. As indicated above, the Committee
also visited the NDA projects to assess the extent to which these projects
created jobs.
Regarding the implementation of the Childrens Act, the Committee invited the department to come and brief it on the progress made in implementing the Adoption Policy. The Committee was mainly concerned about the slow uptake of adoption in South Africa, particularly among Black people, and wanted to know what the department was doing to promote it.
·
2013 committee
programme
Key focus areas: Early Childhood Development, violence against women and
children, poverty eradication,
older persons
With the alarming increasing rate of violence
against women and children, the Committee conducted oversight over the
Department of Social Development and other relevant departments performance
and progress in the fight to curb violence against women and children. It also
invited the Medical Research Council to make a presentation on its report on
intimate and non intimate female femicides. The presentation was however moved
to the first term of 2014 (5 February 2014) due to other priority matters which
the Committee had to focus on.
Continuing with its monitoring of the implementation
of the Childrens Act so as to improve services to children, the Committee
conducted oversight over the implementation of the Early Childhood Development
programme. It received briefings from the Department of Social Development and
the Department of Basic Education on the implementation of the National Action
Plan and Comprehensive Strategy to train ECD practitioners. It also invited the
Department of Social Development to come and brief it on the Diagnostic Report
on ECD. The Committee considered the petition submitted to Parliament by a
group of civil pensioners. The Committee observed that the petition highlighted
issues relating to protection of the rights of older persons, family
responsibilities, safety and security of older persons. A Committee report on
how the Committee processed the petition was submitted to the Speaker to
Parliament in March 2014.
Another objective of the Committee was to
monitor the departments progress in implementing the anti poverty strategy,
which is one of the governments priority areas. The Committee invited the
department to come and brief it on the Zero Hunger Programme.
2.
Key areas for future work
The following are some of the policy areas
that the Committee identified to focus on in the next term:
·
Monitor progress made in the implementation of the
Policy on Disability;
·
Monitor the implementation of the ECD National Action
Plan;
·
Continue to monitor progress
in the implementation of services to older person;
·
Monitor progress made in
linking social grants beneficiaries to economic opportunities;
·
Monitor improvements in the
NPO funding (implementation of the Policy on Financial Awards) by the
provinces;
·
Residing members to conduct
follow up visits to the areas visited by the Committee;
·
Link oversight visits with
public participation and develop a comprehensive provincial oversight plan;
·
Organise briefing session on
intersectoral relations on policy issues: substance abuse, violence against
women and children, youth development, child protection and family preservation;
·
Monitor progress on Social
Infrastructure Policy: DSD offices and SASSA offices;
·
Obtain up to date research from
the research institutions on substance abuse trends and new drugs, violence
against women, children and older persons, conduct oversight on the provinces
performance in implementing anti substance abuse programmes;
·
Amendments of the Older
Persons Act to make provisions for frail care, mental health and disability,
for both medical and human resources; continue with monitoring compliance of
old age homes to norms and standards and rolling out of the older persons desk
to all the provinces; and
·
Amendments to the Childrens
Act to address the definition of persons found unsuitable to work with
children, foster care applications, ban of corporal punishment at homes,
aligning the Act with the Criminal Law (Sexual Offences and Related Matters)
Amendment Act (No. 32 of 2007).
·
Completion and
implementation of the social reforms on retirement social security, including
universalisation of the Old Age Pension.
·
Make follow up with the
Department of Social Development on the amendment of the South African Social
Security Agency Act to address the issue of dual accountability between SASSA
and the department.
·
Make a follow up on the
amendment of the Social Assistance Act to define disability and implementation
of the Harmonised Assessment Tool (HAT).
3.
Key challenges emerging
·
Social Assistance Programme:
Petition by older persons to have the value of the
Old Age Pension (OAP) increased.
·
Substance abuse:
Classification of the nyaope and declassification of marijuana,
accessible and affordable rehabilitation centres, drug and human trafficking;
·
Gender based violence:
high levels of intimate and non intimate female homicides, absence of the
database on these homicides, rape and murder of children, abuse of older
persons and lack of impact of gender based policy interventions.
·
Dual accountability between SASSA and the Department
of Social Development:
To address this challenge
the Committee had recommended that the South African Social Security Agency Act
be amended to make provision for the establishment of the SASSA Board.
4.
Recommendations
According to parliamentary rules once a
committee report has been adopted by the House, the recommendations made in the
report become the recommendations of the House. The challenge has been that
Parliament does not have a tracking mechanism to track progress made by the
department and its entities in implementing those recommendations. Therefore,
it had been difficult to track the response by the department and its entities
to the recommendations made. The Committee was however advised that it could
liaise with the department on its own to obtain progress made or response. It
is thus recommended that the upcoming committee develop a tracking mechanism or
a reporting tool on the implementation of the past years recommendations as
well as the future recommendations. The same tool could also be used to monitor
the departments response to recommendations made during committee meetings.
It is important to note, however, that some of
the recommendations made by the Committee were addressed by the department and
its entities by making necessary amendments to some of the policies. These
included, among others, development and implementation of the Policy of
Financial Awards to the NPOs, amendments to the Childrens Act to address
challenges of implementing the National Child Protection Register Part B,
adoption and foster care applications, implementation of the scholarship
programme for social workers and initiation of the Mikonzo programme to reach
poverty stricken areas with social development services. SASSA implemented a
tracking mechanism of social grants withdrawn outside the country. Through the
re-registration process it eliminated fraud and corruption in the grants
administration. It also implemented the office upgrade programme. The NDA
strengthened its financial and resources support to its funded projects by
allocating more of its budget to fund its core mandate (project funding). The
department received additional budget from the National Treasury to establish
the rehabilitation centres Limpopo and Northern Cape provinces to build
rehabilitation centres.
1.2 Department/s and
Entities falling within the committees portfolio
a)
Department of Social Development
Core
mandate/strategic objectives
b)
Entities:
Name of Entity
|
Role of Entity
|
South African Social Security Agency (SASSA)
|
To ensure the provision of the comprehensive social
security services against vulnerability and poverty within the constitutional
and legislative framework.
|
National Development Agency (NDA)
|
The primary mandate of the entity is to contribute
towards the eradication of poverty and its causes by granting funds to civil
society organisations for the purposes of:
·
Carrying
out projects or programmes aimed at meeting development needs of poor
communities; and
·
Strengthening
the institutional capacity of other civil society organisations involved in
direct service provision to poor communities.
Its secondary mandate is to promote:
·
Consultation,
dialogue and sharing of development experience between civil society
organisations and relevant organs of the state;
·
Debate
on development policy; and
·
Undertake
research and publications aimed at providing the basis for development.
|
Central Drug Authority (CDA)
|
Mandate of the CDA in terms of the Prevention and
Treatment of Drug Dependency Act, is to advise the Minister on any matter
relating to substance abuse and may plan, coordinate and promote measures
relating to the prevention and combating of the drug abuse and the treatment
of persons dependent on drugs.
It is
tasked to review the National Development Master Plan every five years and
submit it to Cabinet for approval.
|
2.
Key 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 4
th
Parliament:
Activity
|
2009/10
|
2010/11
|
2011/12
|
2012/13
|
2013/14
|
Total
|
Meetings held
|
22
|
20
|
23
|
20
|
21
|
106
|
Legislation processed
|
|
1
|
|
|
|
1
|
Oversight trips undertaken
|
2
|
1
|
2
|
1
|
1
|
7
|
Study tours undertaken
|
0
|
1
|
0
|
0
|
0
|
|
International agreements processed
|
0
|
0
|
0
|
0
|
0
|
0
|
Statutory appointments made
|
0
|
0
|
0
|
1
|
0
|
1
|
Interventions considered
|
0
|
0
|
0
|
0
|
0
|
0
|
Petitions considered
|
0
|
0
|
0
|
0
|
1
|
1
|
3.
Briefings and/or
public hearings
The following were critical challenges and/or issues arising that need to
be followed up:
·
Department of Social Development:
·
Lack of an established link
between the Domestic Violence Act Register and gender based violent and murder
cases.
·
Official definition of
disability and implementation of the Harmonised Assessment Tool (HAT). The
Department of Health and the Department of Social Development will need to
update the oncoming Committee on the progress made on developing a definition
of disability and finalisation of the HAT. The outgoing Committee recommended
that further consultation was needed between the two departments.
·
Transformation in the NPO
sector and drafting of the NPO transformation charter.
·
Implementation of the
Mikonzo programme and its impact.
·
Central Drug Authority
(CDA):
o
Lack of interdepartmental collaboration and reporting
on anti substance abuse programmes to the
Central Drug Authority (CDA). During
a recruitment
for
the CDA board candidates recommended that
government
departments should have designated units or directorates that are solely
responsible for programmes to combat substance abuse. These units should ensure
that their respective departments report to the CDA as stipulated in the Act.
This will ensure that the departments account for their work to combat
substance abuse.
o
Governance:
The CDA indicated to the Committee that it lacked muscle or teeth in
implementing its mandate because of its location (within the Department of
Social Development) and that had made it function almost like a sub-directorate
of the department. Substance abuse is a cross cutting issue and therefore
requires a multi-sectoral approach. It thus could have been ideal if the CDA
was located in the Presidency and co-ordinated in the Office of the Premier in
provinces. It was recommended that The CDA should be given the appropriate
governance autonomy. This entails CDA having its own budget allocation,
designated personnel (e.g. Chief Director, Director, and spokesperson). These
will monitor and ensure that the departments comply on their reporting.
4.
Legislation
The following pieces of legislation were referred to the committee and
processed during the 4
th
Parliament:
Year
|
Name of Legislation
|
Tagging
|
Objectives
|
Completed/Not Completed
|
|
|
|
|
|
2009/10
|
|
|
|
|
|
|
|
|
|
2010/11
|
Social
Assistance Amendment Bill [B5-2010]
|
S75
|
To amend the Social Assistance Act, 2004, so as 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.
|
Yes
|
|
|
|
|
|
5.
Oversight trips
undertaken
The following oversight
trips were undertaken:
5.1 Western Cape province on 9 September 2009
Areas visited
The Committee visited SASSA
regional office, Bellville and Gugulethu service areas, Hanover Park and
Gugutlethu 1 pay pints. The oversight report was adopted on 20 October 2009 and
ATCed.
Objectives
The objectives of the
oversight visit were to do the following:
·
Conduct oversight over the
functioning and operations of the SASSA regional office in administering the
social assistance programme. It specifically conducted oversight on the social
grant application processes, focusing on the implementation of the means test,
turnaround time and the overall IT system. It also focused on the fraud and
error management strategies, vacancy rate, staff capacity, implementation of
the Integration Community Outreach Programme (ICROP), collaboration with other
government departments, state of infrastructure and vehicles, general
operations at the pay points and queue management.
Recommendations
The recommendations made related to ensuring that food sold at the pay
points was of good quality and sold in a hygienic environment; development of
regulations that would ensure that the prices of goods sold at the pay points
were not inflated; improvements of the office infrastructure and the need for
the Department of Justice and Constitutional Development to strengthen the
prosecution of money lenders
5.2 Mpumalanga
province on 23 27 November 2009
Areas visited
The Committee visited the
Mpumalanga Department
of Social Development, Nkomazi District Municipality, Mbombela Local Municipality,
Mbombela and Nkomazi Municipality programmes and projects ( the Incaba Older
Persons Service Centre, SOS Childrens Home, child headed households,
Asikhutulisane Abattoirs project,
Sizanani Home Based Care,
ABaduduzi Older
Persons Service Centre
and Masisukumeni Women Crisis Centre ), South African
Social Security Agency (SASSA) office, paypoints (
Matsulu Pay Point
and
Jeppes Reef Pay
Point)
and
service areas and the
National Development Agency (NDA) projects (
the Triple Option Furniture,
Likusasalethu
Leather Fern project,
)
.
The oversight report was adopted
on 2 February 2010 and ATCed.
Objectives
The objectives of the oversight visit were to do the following:
·
To assess progress made by the provincial DSD and
municipalities in responding to the social development challenges;
·
To visit NDA projects; and
·
To ascertain challenges faced by the places of
safety and child headed households.
Recommendations
The Committee recommended that the MEC should focus on improving the
expenditure patterns; filling in of acting positions and start doing
performance audits. Pertaining to the departments projects, the Committee
recommended for the improved support given by the department over and above
financial support, such as access to the markets. With regard to the NDA funded
project, the Committee recommended that the Agency should assist the Triple
Option Furniture project to obtain a contract with the Department of Education
to refurbish desks and chairs and with the Department of Health to refurbish hospital
beds.
Pertaining to the oversight visit to the SASSA offices, the Committee
recommended for strict control measures over money lenders and vendors at pay
points. Similarly to the Western Cape SASSA, the Committee recommended that
prosecution of money lenders should be strengthened. The Committee resolved
that it would
engage with the National Service Commission and
insurance ombudsman to ascertain the legality of companies and services that
operate in pay points. It also recommended that it should be kept abreast on
the findings of the SIU investigation on the matter of grant abuse by
foreigners. It should also be briefed on the recommendations of the SIU report.
5.3 Eastern Cape
province on 27 June 1 July 2011
Areas visited:
Elliotdale, Mthatha and Mqanduli
The Committee visited the
Eastern Cape Department of Social
Development and its programmes and projects (the
Mncwasa East Agricultural and Manufacturing Primary Co-Cooperative
,
Tapuze Home Community Base Care,
Siyazama
Family Preservation, Isibindi project, Empilweni Old Age home, Mqanduli Safe
Home and child headed households)
, South African
Social Security Agency (SASSA) regional office, paypoints and
service
areas (Elliotdale and Mqanduli), SASSA filing warehouse
and the National Development Agency (NDA) projects.
The oversight report was adopted
on 29 November 2011 and ATCed.
Objectives
The Committees overarching
strategic objective was to monitor the achievement of government priorities for
social development. The objectives of the oversight visit were therefore to
assess the following:
·
The extent to which the
provincial Department of Social Development aligned its strategic priorities to
the national priorities.
·
The extent to which the old
age homes implement and comply with the Older Persons Act.
·
The performance of the NDA
funded projects and projects funded by the Department of Social Development.
·
The performance of SASSA
with regard to the policy shifts in the Child Support Grant (CSG) and Old Age
Grant (OAG); implementation of the Integrated Community Registration Outreach
Programme (ICROP) and conditions at the service and pay points.
Recommendations
The Committee recommended that the department should develop a retention
strategy as a mechanism to retain social workers, especially in the rural
areas. The department should also
establish working relations with the
Department of Justice and Constitutional Development to address the delays in
the review of court orders and the finalisation of Foster Care Grants. There
should be specific days set aside for the Court to review and finalise court
orders for Foster Care Grant.
With regard to the NDA funded projects, the Committee recommended for
more diversified crop production and inclusion of non seasonal crops to create
more employment opportunities. The projects should approach private companies
in their fundraising strategies as well as government departments as part of
the
Public
Private Partnerships.
Pertaining to the provincial departments programmes, the Committee made
the following recommendations:
Tapuze Home Community Base Care (HCBC)
·
The working relationship between the home and
the department should be strengthened to include capacity building, financial
support and monitoring and evaluation.
·
The Department of Social Development should
provide psychosocial training to the HCBC workers. The Department of Health
should provide the HCBC workers with toolkits and gloves.
Siyazama Family Preservation
·
The department should provide training to
project members and assist them with the administration aspect of the project.
·
The department should closely monitor the
project, especially the financial management as well as output.
·
The project should involve and work closely
with the traditional leaders who can assist them with the success of the
project.
·
The department should consider improving the
branding and marketing of the project.
Isibindi Project
-
The department and the NACYCW should
consider building a working relationship that will be aimed at finding
ways of sustaining the Isibindi Model.
-
To address the challenge of finding open
land, the department should consult with the King Sabata Dalindyebo
municipality to find a solution for this.
-
The municipality should be involved in
the running of this project.
Empilweni Old Age Ho Recommendations
The
Committee recommended that:
-
The
Minister of Social Development should establish a task team to investigate
the operations of the home to assess whether they comply with the Older
Persons Act and its norms and standards.
-
The
investigations should look at the following areas:
o
The rights of older persons;
o
The condition of the building structure and
how it can be improved;
o
Monitoring of the Service Level Agreement
between the department and the home; and
o
Staff complement and their responsibilities.
With regard to the oversight visit to the SASSA offices, the Committee recommended
that SASSA should upgrade SASSA offices, particularly service areas, from parkhomes
to more decent solid structures.
5.4 KwaZulu-Natal
province on 19 22 June 2012
Areas visited
The committee visited the
KwaZulu-Natal
Department of Social Development and its programmes and projects (Lungisisa
Indlela Village (LIV), Benevolent Old Age home, Thubalethu project, Newlands
Park Centre (substance abuse rehabilitation centre) child headed households and
the KZN Food Bank Hub), the South African Social Security Agency (SASSA)
regional office and its
service area,
National
Development Agency (NDA) projects (Newport project, Bartel Arts Centre (BAT),
Childrens Courts in Umlazi and Chatsworth, Coalition of Non-Government
Organisations and Lifeline.
The oversight report was adopted
on 18 June 2013 and ATCed.
Objectives
One of the objectives of the oversight visit was to assess the
performance of the provincial Department of Social Development, SASSA and the
NDA. The oversight visit particularly focused on the alignment of the
provincial departments performance to the strategic priorities and policies
set by the national department in line with the 2012 State of the Nation
Address. These included eradication of poverty and job creation, implementation
of the services stipulated in the Childrens Act and the Old Age Act, fight
against substance abuse and interventions to child headed households.
Another objective of the oversight visit was to engage with the
coalition of the NGOs/NPOs. The aim of the engagement was for the Committee to
be briefed on the challenges encountered by this sector as well as the
successes the sector has had in rendering the statutory services.
The Committee also wanted to assess the performance of the regional
SASSA and the NDA. Of particular interest to the Committee was to get firsthand
experience on the re-registration of social grants beneficiaries and the
benefits associated with it in eradicating crime and fraud in the system.
Regarding the performance of the NDA, the Committee aimed at assessing the
successes or impacts the NDA funded projects have had in the lives of the
beneficiaries, particularly in eradication of poverty and job creation.
Recommendations
In relations to the provincial department and
SASSA, the Committee recommended that
the Department of
Social Development and the Department of Justice and Constitutional Development
should develop a coordinated approach to fast track Foster Care applications.
To address the issue of foreigners accessing social grants, the Committee
recommended that there should be a joint operation between the Department of
Social Development, Department Home Affairs, South African National Defense
Force, South African Police Services, and SASSA to ensure verification of
citizenship, and control the influx of the refugees in the boarder gates.
To address the challenge of affordability and access to rehabilitation
centres and courts referrals to these centres, the Committee recommended that
Department of Social Development and the
South African
National Council on Alcoholism (
SANCA) should review
their Service Level Agreement to enable childrens courts to refer children to
them at no fee or minimal fee.
Pertaining to improving the
working relationship between the provincial department and the NPO sector, the
Committee recommended that the two should meet and discuss the issues raised
during the discussions. The national department should make a follow up on the
issues raised pertaining to lack of consultation on the Policy on Financial
Awards to NPOs.
During its oversight visit to the
old age homes the Committee observed that there was a serious lack of services
and resources to attend to frail care, mental health and disability. It
therefore recommended that the Older Persons Act needs to be amended to include
frail care, mental health and disability.
5.5 Gauteng province on 29 July - 02 August 2013
Areas visited
Similar to other oversight visits
the Committee visited the provincial department and its programmes and projects
(Walter Sisulu and Youth Care Centre, Othandweni Childrens Home, Soweto Old
Age Home, FAMSA Family Preservation Programme, De Mazenod Pre-Primary School,
Eldorado Park Victim Empowerment centre, SANCA in Eldorado Park and Phoenix
House in Roodepoort), SASSA regional office and service point in Maponya Mall
and the NDA funded projects (Ujimabajwena Shoe Cooperative, Thusa Farming and
Multi Purpose Cooperative, and the Manger Care Centre).
The oversight report was adopted
on 5 February 2014.
Objectives
One objective of the oversight visit was to assess the
performance of the provincial Department of Social Development, SASSA and the
NDA. The oversight visit particularly focused on the alignment of the
provincial department and SASSAs performance to the strategic priorities and
policies set by the national department in line with the 2013 State of the
Nation Address. These included r
ecognising education
as an apex priority, job creation,
fight
against
violence on women and children and against corruption. The DSD contributes
towards recognising education as an apex priority through the implementation of
the Early Childhood Development (ECD) programme.
The ECD programme is critical in the context
of childrens development and preparation for basic education.
Another objective of the visit was to evaluate the
implementation of the Older Persons Act, Childrens Act and the Prevention of
and Treatment for Substance Abuse Act by visiting old age homes, childrens
home, child and youth care centre and the rehabilitation centre.
It wanted to assess and evaluate the extent
to which these facilities adhere to the policy and legislative stipulations.
The Committee also wanted to assess the performance of the regional
SASSA and the NDA. Of particular interest to the Committee was to get progress
made on the standardization of SASSA processes, roll out of biometric system to
the retail sector and staff and progress made on the upgrade of the local
offices.
Regarding the performance of the NDA, the Committee wanted to assess the
successes or the impact the NDA funded projects have had on the lives of the
beneficiaries, particularly in the eradication of poverty and job creation. The
Committee aimed to visit food security and youth skills development projects.
Recommendations
To the provincial department the Committee recommended that the
department
should ensure that Faith Based Organisations play an important part in the
fight against substance abuse. The challenge of illegal rehabilitation centres
received an urgent attention. A coordinated approach between the department and
its stakeholders in the fight against substance abuse is strengthened. A
strategy to ensure that old age homes are monitored to ensure compliance with
norms and standards is developed.
To the regional SASSA, the
Committee recommended that
the Provincial Portfolio
Committee on Social Development and the SASSA should strengthen their working
relationship by having regular meetings to discuss service delivery issues. One
area that the provincial committee and the regional SASSA needed to urgently
address was the issue of cross border local offices. The residing members of
the national Portfolio Committee on Social Development would make a follow up
with the provincial portfolio committee on this issue. The regional SASSA
office should establish working relationships with the constituency offices,
especially those that serve cross border areas. The regional office
acknowledged that the transfer of these offices had been a challenge and it
would appreciate an opportunity to meet with the provincial portfolio committee
to discuss this issue. The Agency should also establish working relationships
with the non-government organisations (NGOs), faith based organisations (FBOs)
and community based organisations (CBOs) to strengthen its information dissemination
and address challenges that were inherited with the transfer of local offices
from neighbouring provinces.
With regard to the
departments programmes, the Committee recommended that the Minister of Social
Development should allocate additional budget to the Walter Sisulu and Youth
Care Centre to cover for the maintenance expenses. It further recommended that
the centre should develop a funding strategy that would enable it to source
funding from donor organizations. It recommended that the Soweto Old Age Home
should
intensify its fundraising activities by
approaching businesses that had visited it during the Mandela Day. It should
report the challenges of the shortage of medication to the Department of Health
to prevent the situation from escalating.
6.
Study tours
undertaken
The Committee undertook a study visit to Brazil on 26 July 5 August
2010. It visited government agencies and programmes in Brasilia and Natal
federal states. The Committee report was adopted on 26 October 2010.
Objectives
·
The objectives of the study
tour were to
learn
about implementation of Bolsa Familia programme
·
Best
practice in interdepartmental relationships
·
Impact
of Bolsa Familia programme in reducing poverty, improve food security, job
creation and skills development
Lessons learned
The Committee learned the following lessons:
·
Establishment
of a comprehensive social security system (or a national registry) to link
social grants beneficiaries to economic opportunities;
·
Establishment
of a national database to link beneficiary records, e.g. Department of Home
Affairs, SASSA, Department of Justice and Constitutional Development,
Department of Health, Department of Correctional Services;
·
Government
assisting poverty alleviation projects to gain access to markets;
·
Establishment
of an integrated food security strategy Zero Hunger programme integrating
anti poverty programmes of different government departments;
·
Establishment
of luncheon clubs or restaurants targeting the low income families. Luncheon
restaurants subsidised by the Department of Social Development;
·
Introduce
social grants payment cards and link then to banks with low transactions costs;
and
·
Stagger
the social grants payment dates.
7.
Statutory
appointments
The following
appointment processes were referred to the committee and the resultant
statutory appointments were made:
Date
|
Type of appointment
|
Period of appointment
|
Status of Report
|
26 July 2012
|
Board members (Central Drug Authority)
|
5 years
|
Adopted and ATCed
|
Challenges emerging
·
Technical/operational
challenges
A letter from the Department of Social Development accompanying the
referral to short list members of the CDA Board stated that
the
panel, including chairpersons should not exceed eight (8) members. The PC on
Social Development and the SC on Social Services discussed this matter and
decided to appoint four members from each committee to form a sub-committee
that would conduct the short listing, interview and reporting processes. The
sub-committee would be co-chaired by the two Chairpersons of the committees. A
procedural advice was sought to clarity how the composition of the
sub-committee would be in terms of political party composition, how it would
function and report. The procedural advice stated the sub-committee would
function according to the Rules 140 and 141 of the Rules of the National
Assembly and Rule 91 (2) (a, b and c) of the Rules of the National Council of
Provinces.
The sub-committee would short list, conduct
interviews and make recommendations to fill the aforementioned vacancies. The
sub-committee could only make recommendations to its parent committees (that
is, PC on Social Development and SC on Social Services) and the parent
committees could make recommendations to the House as prescribed in Rule 141.
8.
Obligations conferred
on committee by legislation:
The Budgetary Review and
Recommendation Report (BRRR)
In
terms of
Section 5 of the
Money
Bills Amendment Procedures and Related Matters Act, No. of 2009, the National
Assembly (NA) through its committees must annually assess the performance of
each national department. Portfolio Committees must thus annually submit Budget
Reviews and Recommendation Reports
(BRRRs)
for
tabling in the NA in order for Parliament to compile a report for the Medium
Term Budget Policy Statement.
The Money
Bills Amendment Procedure and Related Matters Act therefore make it obligatory
for Parliament to assess the departments budgetary needs and shortfalls
vis-à-vis the departments operational efficiency and performance
Committee
observations and recommendations
Older Persons
The oversight visits by the Committee to the old age homes in Eastern
Cape (Empilweni old age home), KwaZulu-Natal (
Aryan Benevolent Old Age Home
) and Gauteng (Soweto old age home) revealed that there was a serious
lack of attention given to frail care, mental health and disability, both in
terms of medical and human resources. This was attributed to the fact that the
Older Persons Act does not make provisions for these services. The Committee
therefore recommended that there is an urgent need for the department to review
the Act to make provisions for these services. This is critical as it
negatively affect older persons who are extremely vulnerable and in need
of
care.
Also, the issue of abuse and killings
of elderly people continue to be a worrying problem. Elder person who are not
in residential facilities are the ones who are most vulnerable and at risk.
They are not only vulnerable to physical abuse but also to financial, emotional
and psychological abuse as indicated by the Age in Action report. The
department therefore needs to pay urgent attention to the plight of older
persons by creating and/or strengthening programmes aimed at protecting older
persons. This means that the department should ensure that it achieves its
undertaking to establish the National Register for Elder Abuse by end of
2013/2014.
Early Childhood
Development
During a committee briefing by the Department
of Social Development and the Department of Basic Education on the
implementation of the ECD National Action Plan and the Comprehensive Strategy
to train the ECD practitioners, the Committee noted that the provinces had
unequal budget allocation for training of the ECD practitioners. For instance,
KwaZulu-Natal had a sharp decrease in the number of trainings conducted during
2011/12. Similarly, t
he
Committee emphasised the importance of ensuring that the ECD centres in rural
areas are adequately resourced to accommodate the needs of children with
disabilities.
The
Department of Basic Education explained that the challenge had been that
provinces have to allocate budgets to competing statutory services and non
statutory services. In such situations the provinces tend to take the money
budgeted for non statutory services to fund the statutory services. Also,
ECD facilities in rural areas did not always have
the funding or the capacity.
The
Committee thus
recommended that the two departments should put more focus in ensuring that the
ECD centres in the rural areas are adequately resourced and priority should be
given to children with disabilities. It was also of the view that
municipalities have a critical role to play to
ensure that adequate and appropriate infrastructure is provided to the ECD
centres, particularly to those located in the rural areas. It also emphasised
the importance of having ECD programmes standardised across provinces.
Social assistance
The
Committee expressed concern that the South African Social Security Agencys
(SASSA) Socpen and the Department of Justice and Constitutional Developments
child maintenance registers are still not interlinked. It recommended that
there was a need for the Department of Social Development, Department of
Justice and Constitutional Development and SASSA to explore the possibility of
linking child maintenance programme and the social assistance programme. The
Committee would invite the aforementioned departments to brief it on this.
Substance abuse
The Committee was concerned with the non existence of an inspectorate
unit to ensure quality of care at treatment facilities and compliance to norms
and standards as stipulated for by the Prevention of and Treatment for
Substance Abuse Act. The findings made by the Committee during its oversight
visit in KwaZulu-Natal in July 2012 of the dilapidated state of the Newlands
Rehabilitation Centre and subsequent upgrading of the centre by the department
clearly demonstrated the importance of having an inspectorate unit to oversee
departments facilities.
The lack of rehabilitation
centres was identified a number of times by the Committee as an area of
concern. Some provinces have no rehabilitation centres and those that have them
they are in poor conditions. Also, the issue of affordability of the fees charged
at these centres was identified as an area that the department needs to
address. The poor conditions of the rehabilitation centres demonstrated an
urgent need for the establishment of an inspectorate to ensure that facilities
adhere to the norms and standards. As the department continues to raise
awareness against substance abuse, it should also urgently pay attention to the
aforementioned concerns.
The
Committee also raised concern over the illegal sale of liquor in close vicinity
of schools, as well as
delays in the finalisation of the Regulations
of the
Prevention for and Treatment of Substance
Abuse Act,
as this impacted on the implementation the Act.
The department promised to finalise the Regulations by the
end of 2011/2012 financial year. The department informed the Committee that the
Department of Trade and Industry was mandated to look into the issue of the
trading of liquor outlets, and these were being targeted and the police had
taken action to close them.
Recommendations
Having made the above-mentioned observations,
the Committee recommended the following:
·
The Minister should ensure that the department
reviews how it sets its annual targets to ensure that they are Simple,
Measurable, Attainable, Realistic and Time bound (SMART).
The department and its entities should also
strengthen its monitoring and evaluation unit.
It should ensure that it meets
its performance targets as planned for each quarter. The department should use
evidence based planning in setting its targets. Evidence should be based on
statistics and findings of the national census, community surveys and community
profiling of the War Room on Poverty. This kind of evidence is vital to ensure
that the targets set meet the populations demands.
·
The budget and the planning process of the department
should be aligned with the National Development Plan (NDP).
·
The
Minister should ensure that substance abuse evaluation centres are rolled out
to all provinces. These centres are important in enabling the practitioners to
assess and locate users to appropriate intervention programmes. In addition,
there
should be
an
increase in the roll out of in-patient, out-patient and after care programmes.
The in-patient facilities should be adequately capacitated and monitored to
ensure that they adhere to norms and standards.
·
In
relation to the high foster care backlog,
the
Minister should ensure that
the
department exercises caution when it sets the targets to increase the number of
foster care placements. It should also prioritise interventions aimed at
eliminating delays in the applications to extend court orders and placements.
·
The Minister should facilitate a process to
ensure that the five dormant funds of the department are deactivated or a
legislation to close them is drafted and submitted to Parliament in the next
financial year.
[1]
The committee visited
Documents
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