3 November 2006
The Older Persons Bill, passed by Parliament in March this year, is now law.
It was signed by President Mbeki this week and the Department of Social
Development will now develop regulations for the implementation of the Older
Persons Act No 13 of 2006.
The law contains provisions that will improve the lives of older persons in
the country. "We extend our gratitude to civil society for all the inputs and
support and for the input which made the law the landmark legislation that it
is. We also thank the Ministerial Committee on neglect, ill-treatment and abuse
of Older Persons for their wonderful work, which formed the basis of this law.
The successful implementation of the new legislation is a joint responsibility
between civil society and government. It is therefore critical that both
parties join hands to ensure that the rights of older persons are protected,"
said Social Development Minister Dr Zola Skweyiya.
Summary of the Act
Objectives
The main objective of the older person's legislation is to:
* maintain and promote the status, well-being, safety and security of older
persons
* recognise the skills and wisdom of older persons
* promote participation of older persons in the community activities so as to
promote them as people.
Chapter one (Definitions)
The definition of older person abuse is broadly defined to accommodate
different types of abuse:
* physical
* emotional
* neglect
* financial.
An older person is defined in case of females as a person who is 60 years or
older and in males 65 years or older. Frail older person means an older person
whose physical or mental condition renders him or her in need of 24 hours
continuous care.
Chapter two (creation of an enabling and supportive environment)
The chapter looks at issues that would make it possible for older persons to
live in the community independently and functioning at their highest potential.
It looks at the protection and promotion of older persons' rights. It focuses
on the development of norms and standard for quality service development and
enforces punitive measures for non-compliance.
The older persons have the same equal benefits from the rights as stipulated
in the Republic of South Africa's Constitution. The chapter promotes the
partnership between the government and non-governmental organisations (NGOs)
and provides for support to NGOs to be able to provide services.
The new legislation makes provision for the guiding principles for services
to older persons, it emphasises that services to older persons should be
provided in an environment that:
* recognises the cultural, social and economic contributions of older
persons
* promotes communication networking between NGOs and other structures in the
community
* ensures access to information by education and training of older persons and
also promoting the prevention of their exploitation.
Chapter three (Community Based Services)
The chapter seeks to provide for the older persons who want to remain in the
community for as long as possible by providing them with community based care
and support services. The legislation ensures the community based care and
support services to those older persons who are in the communities.
The community�based care and support programmes for older persons aimed for
are divided in the following broad categories:
* Prevention and promotion programmes ensure the independent living of an
older person in the community. These programmes are aimed at ensuring that
older persons are economically and socially empowered. They further ensure that
older persons have access to information, education and counselling especially
in HIV and AIDS, and provision of nutritionally balanced meals to name but a
few.
* Home based care ensures that a frail older person receives maximum care
within the community through a comprehensive range of integrated services.
Those services might include: home based care, information, education on how to
take care of the older person and counselling for family members, care givers
and the community regarding ageing and associated conditions.
The legislation also emphasises the importance of registration of community
based care services and training of caregivers must be trained as prescribed.
The legislation also enforces registration of professionals with relevant
statutory bodies to ensure protection of older persons.
Chapter four (residential care)
The focus of this chapter is on older persons who are to be placed in
residential care facilities. The residential facilities (Known as Old Age
Homes) have to be registered and they have to meet certain requirements as
stipulated by the norms and standards.
Older persons in residential facilities enjoy the rights in the Bill of
Rights but also have the following rights:
* to appoint representatives to act on their behalf
* have reasonable access to assistance and visitation
* keep and use personal possessions
* informed about the financial status of the residential facility and changes
in management
* be given at least 30 days notice of a proposed transfer or discharge.
There has to be 24-hour care and support services to frail older persons and
those who need special attention. All residential facilities have to have
residents' committees, especially if more than ten older persons reside in that
facility.
Admission
The legislation made provision on the admission clause to protect older
persons. The following clause is critical to prevent forceful admission and
minimise the dumping of older persons in residential facilities.
No older person should be refused admission to the residential facility. If
so the manager of that facility has to do it in writing, giving the reasons for
non admission.
No older person can be placed in a residential facility without their
consent unless his or her mental condition renders him or her incapable; in
such cases an authorised person in terms of the law may give consent or the
Minister can provide it.
Monitoring
Monitoring of registered residential facilities can be done by the State
Social Worker or any person designated by the Director-General. The legislation
however promotes the multi-disciplinary approach in monitoring of residential
facilities.
Report to the Minister
The legislation emphasises that the operator of a registered residential
facility must within 60 days after the end of the financial year of that
facility submit to the Minister a report covering that financial year in
respect of prescribed service standards and measures to prevent and combat
abuse of older persons and the provision of the prescribed service level
agreements concluded during that financial year.
Chapter five (protection of older person)
The chapter focuses on protection of older persons in both the community and
the residential facilities. It firstly describes an older person in need of
care. It further stresses that all people have a duty to report elder abuse,
including community members.
The abuse must be brought to the attention of the Director-General; however,
at the local level the abuse may be reported to the social worker or the police
official. The social worker will then investigate the allegations. It also
makes provision fore the offender to be removed from the home should it be in
the best interest of the older persons to do so.
Procedure for handling abuse
The procedure for bringing complaints of abuse against an older person in
the community before the magistrate is discussed at length in the legislation;
also the enquiry into abuse of older person.
It further requires the Department of Social Development to keep a register
of persons convicted of abuse or any crime pertaining to older persons. A
person whose name appears in the register is prohibited from operating a
residential facility, or being employed at any residential facility, or
providing any community based care and support service to an older person.
Chapter six (delegation of powers)
The chapter provides for the delegation of powers. The Minister has the
right to delegate powers to any officer of the department.
Enquiries
Lakela Kaunda
Cell: 082 782 2575
Issued by: Department of Social Development
3 November 2006
