Programme Director
Representatives from the Thembisile Hani Local Municipality
Representatives from civil society
Colleagues from the JCPS Cluster
Representatives from our Chapter 9 institutions and from the National Youth Development Agency
Distinguished guests
Ladies and gentlemen from Kwa-Mhlanga
There are many African sayings about the elderly.
In Sudan they say that - "A village without elderly is like a well without water." In the Congo they say: “A youth that does not cultivate respect for and friendship with the elderly is like a tree without roots.”
And there are many others, from across our entire continent, like “The wisdom of the elderly is like the sun, it illuminates the village and the great river” and “youths talk first and then listen, the elderly listen and then talk”. My favourite is one from Burundi which says “Elderliness is not a disease, but a richness, a blessing.”
What all of these sayings or proverbs show is that the elderly are to be respected and are treasured in many cultures across our continent.
But why then do we still hear of cases where older persons are abused, not only by care-givers, but also by their immediate families? Why do we read about senior citizens being neglected, going hungry or becoming the victims of crime and violence?
Research has shown that abuse of older men and women, neglect, violence, and exploitation is one of the biggest issues facing older persons around the world. World Health Organisation data suggests that 4 to 6% of older person suffer from some form of abuse, and a large percentage of which goes unreported.
Elder abuse is the neglect or mistreatment of older persons, who cannot or do not have the means to fend for themselves. This kind of mistreatment can take place in a private home or home for older persons. There are various forms of elder abuse and mistreatment, ranging from physical and emotional abuse and even financial exploitation.
Signs of abuse vary from physical, such as bruises, scratches, malnutrition, lack of medical care, and behavioural such as withdrawal, fear and anxiety. An important source of indication of abuse is based on what an older person says and all claims of abuse or mistreatment must be reported and investigated.
Older persons play a very important role in our communities. The breakdown of traditional family support structures has made older women and men more vulnerable, with particularly older women, often carrying the burden of care for orphaned and other young or vulnerable children. This means that the wellbeing of our older persons has a significant direct impact on the lives of children and young people too. Older people are often both discriminated against as a result of ageist attitudes, resulting in abuse, poverty, lack of political voice and marginalisation.
In October this year the South African Nursing Council deregistered two nurses in connection with the neglect and abuse of an 85-year-old woman at a Cape Town home nursing. She died at the facility seven years ago and the investigation has been dragging on since then. The doctor's report revealed that she died from septic bedsores and starvation and two nurses have been struck off the roll for failing to provide her with basic care. They were found guilty of neglect and abuse.
We cannot be ignorant to the fact that older person’s abuse is happening and older persons become victims who suffer in silence due to a lack of knowledge of their rights. Since August 2010, the department has been collecting statistics on reported cases of abuse of older persons in terms of the Older Persons Act and the number of cases of abuse appear to be increasing. For example, in 2010/11, there were 48 reported cases of elder abuse in Mpumalanga and 1 458 cases countrywide. In 2011/12, this increased in Mpumalanga to 147 and 1 887 nationally. In 2012/13 the number was more or less the same in Mpumalanga, with 145 cases, but nationally it increased even more, with 2497 cases throughout the country. Of the 145 cases in Mpumalanga, the majority of the cases involved physical abuse (15 cases), intimidation (15 cases) and “emotional verbal” abuse (13 cases). Other cases include sexual abuse, trespassing and damage to property. Since 1 April this year, of the 12 perpetrators here in Mpumalanga, 2 have received sentences of imprisonment, with one being sentenced to life imprisonment.
In 2013, with support from HelpAge, the South Africa Age Network (“SAAN”) commissioned a study on elder abuse in relation to pensions, which conducted in KwaZulu-Natal and Limpopo. The study showed 3 things – firstly, that local government structures are, for a variety of reasons, not sufficiently prepared to prevent or respond to issues of elder abuse, secondly, that cases involving victims of older persons are frequently withdrawn, mainly because of non-attendance of victims and thirdly, that many departments do not have dedicated units to deal with older abuse matters.
Our department, the Department of Justice and Constitutional Development, is one of the departments responsible for the implementation of the Older Persons Act, 2006. The Older Persons Act stands as one of the key interventions by Parliament to stop abuse of older persons in the country. The national inter-sectoral implementation of this Act is led by the Department of Social Development.
Section 29 of the Act requires a magistrate’s court to hold an enquiry into the abuse of older person, whilst section 30 criminalises the abuse of an older person. The Act defines abuse of an older person as being any conduct or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress or is likely to cause harm or distress to an older person constitutes abuse of an older person. Abuse can including physical abuse, sexual abuse, psychological abuse and economic abuse.
The Act defines the specified types of abuse in the same way as in the Domestic Violence Act, 1998 and recognises the fact that the older persons may be abused by persons with whom they have a domestic relationship, e.g. children, grandchildren, siblings, spouses, etc. In other words, the abused person can institute legal action either in terms of the Domestic Violence Act or Older Persons Act.
Section 26 of the Older Persons Act places a legal obligation on any person, who suspects or has knowledge of abuse of an older person, to report such abuse to the Director-General of the DSD or the police. This provision further creates an offence against a person who deliberately fails to make such a report.
In terms of section 30(4) of the Act, where a court finds that the convicted person has abused an older person in the commission of an offence, such finding must be regarded as an aggravating circumstance for sentencing purposes. This provision signals the seriousness of the abuse of older persons and requires it to be visited with harsh sentences.
Section 31 requires the Minister of Social Development to keep a register of persons convicted of the abuse of an older person. This is mainly to prevent all registered convicted persons from working in environments that will expose them to older persons. The aim is to reduce the re-offending rate in these cases, while protecting older persons from potential abuse.
Our department has established a specialised unit at our national office to develop initiatives for the departmental and inter-departmental implementation of pieces of legislation that protect and promote the rights of vulnerable groups. The Unit is called the Promotion of the Rights of Vulnerable Groups, and its mandate focuses on children’s issues and interventions against gender-based violence perpetrated against women, children, older persons and persons with disabilities.
Public education is globally considered as the effective model approach against any form of gender-based violence, including the abuse of older persons. Recently, we have seen many media reports on the escalating violence against the elderly, often perpetrated within their domestic relationships. Many older persons have suffered economic abuse, sexual abuse and physical abuse at the hands of their relatives or care-givers. Every year, the department therefore conducts public education programmes aimed at responding to and preventing abuse of the elderly and the department has been holding about 20 events per annum throughout the country.
This is where NGOs and CBOs play a vital role in assisting us in the fight against elder abuse and neglect. In this regard, I want to mention our civil society partners. HelpAge International is a global network of over 80 affiliates and more than 180 partners in over 70 countries. HelpAge supports older people to claim their rights, challenge discrimination and overcome poverty, so that they can lead dignified, secure, active and healthy lives.
The South Africa Age Network (“SAAN”) is one of six Country Age Networks in Southern Africa. These Country Age Networks aim to bring together a wide range of stakeholders working with and for older people. In South Africa, the SAAN provides a platform for learning and sharing, building a voice for older people to connect with others and to access international, national and provincial platforms to promote the achievement of older people’s rights and their inclusion in the national development process.
Our department has also successfully formed partnership with the Department of Social Development and certain NGOs, such as the Ikageng Self Help Association, Itireleng Trust and A re itereleng, to collaborate efforts aimed at promoting the rights of older persons.
And we rely on our youth. Our youth must be activists for the aged. There are many ways in which the youth can help. Older persons all have life-stories and experiences to share. Studies show that in certain cases some youth may respond more readily to adults other than their parents or in cases where they no longer have parents. This provides positive growth opportunities, as senior participation in the community enriches lives and builds strong communities.
Furthermore, proper nutrition is vital. Senior isolation, lack of money or physical limitations can make shopping, cooking and having meals a challenge for seniors. The youth can assist by helping the elderly, taking them shopping, buying some food for them or cooking a meal. Visiting the elderly, perhaps to read to them or involving them in community activities, will go a long way in making them feel part of the community. Accompanying them to the clinic or helping with tasks are simple, ordinary, day-to-day things which can make a big difference.
Most importantly, civil society, our religious institutions, our community leaders and our youth must advocate and help us raise awareness about elderly abuse and neglect. The message we need to send to our communities is that the abuse of older persons is a crime. Let us say Khamb’ uye eKhotho’, meaning, go to court. Do not be afraid to come forward and speak out.
We are positive that today’s event will raise awareness about the abuse of older persons. Public exhibitions will be held outside to showcase all the different services being offered to older persons by government and civil society stakeholders and the Department of Health will be offering on-site health screening services as well.
Last week we also launched the 16 Days of Activism Campaign under the national theme: “Count me in: Together Moving a Non-Violent South Africa Forward.” “Count Me In” is a call to mobilise all sectors of society to stand up and be counted in the fight to end violence against women and children. It calls for people to take individual responsibility and to be part of the collective. It calls on men, parents, care-givers and a united community to take a stand against all forms of abuse, including the abuse of the elderly. The 16 Days Campaign will this year have a greater focus on mobilising and partnering with men to assist in the eradication of violence against women and children.
Ladies and gentlemen
The size and shape of the population in Africa over the next 100 years will change dramatically and in South Africa, the percentage of the population over 60 is already 8% and it is predicted to grow to 14% by 2030. This is both an opportunity and a challenge for us as a country. We must ensure that our elderly are well taken care of and supported, so that they can play their part in our communities.
In our country it is our older persons who deserve our respect. We must never forget that those who were at the very forefront of the struggle for freedom are now, or would be, in their 70s, 80s and 90s.
They are the people who changed the history of our country. It is a generation of giants, like Madiba, Tambo and Sisulu. Those who are still with us include Andrew Mlangeni, who is now 89 years old, and Ahmed Kathrada, who is now 85. Both are former Robben Island inmates and co-accused in the infamous Rivonia trial.
This is the generation of people that we have to thank for the freedom we enjoy today.
It is often said that the only way to transform our world is to awake the passion and creativity of our youth and combine it with the wisdom, experience and insight of elders. Let us do so and build a better life for all our people.
I thank you.
