ATC240327: Report of the Portfolio Committee on Social Development on the Older Persons Amendment Bill [B11 - 2022], (National Assembly – sec 76), dated 27 March 2024
Social Development
Report of the Portfolio Committee on Social Development on the Older Persons Amendment Bill [B11 - 2022], (National Assembly – sec 76), dated 27 March 2024
The Portfolio Committee on Social Development, having considered the subject of Older Person’s Amendment Bill [B11 – 2022] (National Assembly – sec 76)], referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B11A – 2022].
1. Context and background
The Older Persons Act No 13 of 2006, came into operation in 2010, and has since then experienced implementation challenges. Chief amongst these, were the institutional, coordination mechanisms and compliance measures. The Older Persons Amendment Bill thus seeks to address these challenges. In drafting the Bill, the Department of Social Development consulted with various stakeholders such as South African Older Persons Forum (SAOPF), South African Human Rights Commission (SAHRC), other Government Departments, Non-Profit Organisations (NPOs), Institutions of Higher Learning, Research Organisations and private sector at both provincial and national level. It also conducted provincial and national consultative workshops with stakeholders in the field of ageing in 2014 and 2015 respectively. Inputs received from the consultative workshops were consolidated into the Older Persons Amendment Bill. The Amendment Bill was subsequently submitted to the Office of the Chief State Law Adviser (OCSLA) for pre-certification, and pre-certification was issued in November 2016.
The Bill was then gazetted in June 2017 for 30 days in the Government Gazette Number 40883, (Notice Number 426) of 2017, for soliciting public comments. Public comments were received from 32 stakeholder groupings which comprised of the Non-Profit Organisations (NPO) sector, Government Departments, Law Firms, Institutions of Higher Learning, South African Human Rights Commission (SAHRC), South African Older Persons Forum (SAOPF) and the general public. In overall, the majority welcomed the amendments with few additions and most comments were about definitions. Relevant inputs were considered and incorporated into the Amendment Bill.
The Bill seeks to amend the Older Persons Act, 2006, so as to insert new definitions; to insert new provisions relating to the monitoring and evaluation of all services to older persons and for the removal of older persons to a temporary safe care without a court order; to tighten up the existing implementation and compliance measures; to effect some textual amendments for greater clarity; and to provide for matters connected therewith
2. Parliamentary process
The Older Persons Amendment Bill [B11 - 2022], (“the Bill”), was tabled and referred to the Committee on 06 May 2022. On 26 October 2022, the Committee received a briefing from the Department of Social Development on the contents of the Bill. This was part of the consultative process before the Committee commenced with the public hearings on the Bill. Thereafter, the Committee advertised the Bill for a period of 6 weeks from 05 April – 16 May 2023 in the national, local and regional newspapers. The advert requested the public to make comments on the Bill. This was in compliance with the constitutional mandate that requires Parliament to involve the public in its legislative processes.
The Committee conducted provincial public hearings from 02 June – 26 November 2023 in all nine provinces. Furthermore, it conducted virtual public hearings on 21 February 2024 to receive oral presentations from four (4) stakeholders, namely (i) Ilitha Labantu; (ii) University of Western Cape; (iii) COSATU and (iv) Mr Johan Rademeyer.
After concluding the public hearings, the Committee received briefings from the below listed departments responding to the issues raised by the public, both nationally and provincially:
- 28 February 2024 – South African Local Government Association (SALGA) and the Department of Human Settlement,
- 06 March 2024 – Department of Justice and Constitutional Development,
- 08 March 2024 – Department of Health and the Department of Police,
- 12 March 2024 – Department of Social Development.
3. Formal stage of the Bill
The Committee proceeded to the formal stage of the Bill (clause by clause). On 13 March 2024, it considered and adopted a motion of desirability to proceed to deliberate on the details of the Bill. This was in line with Rule 286 (4) of the National Assembly. On 20 March 2024, it deliberated on the Bill clause by clause and then adopted the A-List of the Older Person’s Amendment Bill. On 27 March 2024, it considered and adopted the B version (B-List) of the Bill. It also considered and adopted its report on the Bill.
4. Recommendation
The Portfolio Committee on Social Development recommends that the House adopts this report and approves the second reading of the Older Person’s Amendment Bill [B11B -2022].
Report to be considered.