Z Skweyiya: Third reading of Older Persons Bill, NA

23 March 2006

Madam Speaker,
Honourable members,

The Older Persons Bill is one of four bills that were presented to the House
in the year leading up to the 2004 national elections that were intended to
promote the further fulfilment of the rights contained in the Constitution and
consolidate the transformation of the social development sector. It is
therefore fitting that the last bill in the “four pack” is making its way
through Parliament in the year when we celebrate the 10th anniversary of the
Constitution.

It is appropriate that our nation and society reflects upon the 10th
anniversary of the Constitution with a deep sense of accomplishment. We are in
the midst of a long journey to build a society based on democratic values,
social justice, and fundamental human rights. Across the board we have made
substantial progress in restoring the dignity of our people, in freeing their
potential and in building a better life for all. It is because of the
historical experience of our people and our vision for the future that we
confidently say that we live in an Age of Hope. Nobody is better placed to bear
witness to this fact than the older people in our society and the Older Persons
Bill is yet another milestone in this long journey.

Within the framework of our Constitution, the Older Persons Bill is intended
to ensure that the rights, dignity and independence of older persons are
upheld. It provides a framework aimed at the empowerment and protection of
older persons, and the promotion and maintenance of their socio-economic
status. We are determined to ensure that as people grow older, they enjoy a
life of fulfilment, health, security and continue to actively participate in
the economic, social, cultural and political life of our society.

The dispensation in the Bill reaffirms the traditional esteem and status of
older persons whilst acknowledging and supporting their changing roles in the
face of contemporary social challenges. In this regard, I would like to once
more publicly acknowledge and pay tribute to the older people in our society
who provide care and support to vulnerable and orphaned children.

Madam Speaker, from a legislative perspective, the Older Persons Bill is an
acknowledgement that the Aged Persons Act 100 of 1967 (as amended) was
hindering the creation of an enabling environment consistent with the
developmental approach espoused by the current government. The old Act could
not be aligned with the new developmental paradigm employed in the provision of
services to older persons. It focused mainly on institutional care, which
caters for only a small minority of the population of older people, to the
exclusion of the vast majority of older people, especially those from
previously disadvantaged groups. Older persons live in their own homes in the
community, want to continue living in their own homes and therefore require
appropriate community based services.

In addition, services to older persons in this country have generally been
deficient, both in terms of actual service delivery and the allocation of
resources for these services. This is particularly true of older persons living
in remote rural communities, who tend to live in extreme poverty and tend to be
the most vulnerable.

Madam Speaker, as indicated earlier, the Bill was submitted for
consideration by Parliament in 2003 after approval by Cabinet. The Bill was
referred to the Select Committee of the National Council of Provinces (NCOP) in
November 2003, which was also given a report on the cost implications of the
Bill. After provincial consultations on the Bill, the NCOP approved the Bill in
June 2005. Following the submission of the Bill to the Portfolio Committee on
Social Development, and subsequent public hearings, a number of critical issues
were raised by interest groups and the public, which occasioned further
amendment of the Bill.

I am very grateful to the stakeholder groups and members of the public who
have participated in public hearings and maintained a keen interest in the Bill
as it made its way through Parliament. Your dedicated efforts have enabled us
to fashion legislation that seeks to maintain and increase the capacity of
older persons to support them and to contribute to the well-being of those
around them. By working together we have arrived at a Bill that recognises
older persons as a valuable sector of society, a sector that possesses much
knowledge, wisdom and expertise.

The Bill has far reaching implications for older persons, their livelihoods
and independent functioning. It is intended to enable intergenerational care
and support within families and communities, and thus promotes the spirit of
Ubuntu. It recognises that services should also be extended to older people who
are frail but are able to continue living in the community. It also recognises
that there will always be those older persons that will require institutional
care. With respect to institutions of care, the Bill protects the rights and
dignity of older people by ensuring that no older person will be placed in
these facilities without their consent unless their mental condition renders
them incapable of giving such consent. Stringent measures are put in place to
ensure that only those who are eligible for admission in these facilities are
considered for admission.

Madam Speaker, the Bill, which must be read in conjunction with other
legislation, also puts in place measures to curb the abuse of older persons
both within community settings and in residential care facilities. We recognise
that these measures by themselves are insufficient to ensure that older people
are treated with the respect they deserve and that their rights and dignity are
protected. An extensive education campaign is required, directed at both older
persons themselves and the broader society, to create understanding about the
rights of older persons, the measures in the Bill that ensure the protection of
these rights, and the remedies provided for where these rights are
violated.

The new dispensation that will be created by the Bill has resource
implications and costing of the Bill, which was done in partnership with the
National Treasury, will ensure that appropriate budgetary provisions are
factored into the Medium Term Expenditure Framework at both provincial and
national level. This costing provides for the progressive realisation of the
objectives of the Bill, whilst ensuring that the basic and urgent needs of
older persons are provided for.

Madam Speaker, before closing these opening remarks, I would like to again
express my sincere appreciation to all the role players and stakeholders who
took interest in this Bill and made their inputs during various stages of its
development. The Human Rights Commission has had an on going interest in the
Bill and has attended to the issue with keen interest. Numerous interest groups
and members of the public participated in the public hearings and their inputs
have significantly improved the Bill. Various government departments assisted
in the development of this Bill and will play their respective roles in
ensuring successful implementation. In addition, officials from the national
and provincial departments of Social Development have worked long hours to
maintain the momentum of preparing and considering the Bill. Lastly I am
indebted to the Portfolio Committee and the NCOP for the admirable manner in
which they conducted their oversight and legislative functions, as well as
their guidance and leadership in the development of this Bill.

It is fitting that the Older Persons Bill will be passed by Parliament in
the year that we celebrate the 10th anniversary of our Constitution. The older
people in our country could not ask for a better reaffirmation of their rights,
aspirations, hopes and status in society.

I thank you.

Issued by: Department of Social Development
23 March 2006