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Portfolio Committee on Social Development

This presentation outlines the background, processes, current status, challenges, and the way forward for the draft regulations to the Older Persons Act. It discusses input from stakeholders, incorporation of inputs, challenges faced, and the anticipated proclamation process.

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Portfolio Committee on Social Development

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  1. Portfolio Committee on Social Development Presentation on the draft Regulations to the Older Persons Act, Act No 13 of 2006 20 February 2008, Cape Town

  2. OUTLINE OF THE PRESENTATION • Background • Processes • Publication for input • Current status • Challenges • Wayforward

  3. BACKGROUND • Appointed a service provider to draft the Regulations in December 2006 • Given the following brief: • Study the Act; • identify the empowering provisions for regulations to be drafted; • assess areas that need to be regulated; • assess what needs to be done to put the Act into operation

  4. PROCESSES • First draft developed • Called a national stakeholder workshop on 27/02/2007 • 80 representatives including: - NGOs rendering community based services, home based care services, residential facilities, older persons, - provincial DSD representatives, - government department

  5. PROCESSES cont. - SAOPF - SAHRC - Older Persons • Task teams formulated - Protection of older persons - Community based care and support services - Residential facilities - Care givers

  6. PROCESSES cont. Provincial consultations were as follows:- • Kwa-Zulu Natal - 19 March 2007 • Eastern Cape - 23 March 2007. • Mpumalanga - 26 March 2007 • Free State - 28 March 2007. • Gauteng -03 & 04 April 2007. • Western Cape - 25 April 2007 • Limpopo - 03 & 04 May 2007 • Northern Cape - 10 May 2007 • North West - 02 July 2007

  7. PROCESSES cont. • Provincial task teams attended by service providers, older persons and provincial government departments • Inputs submitted to task teams for consideration • Second draft developed out of the inputs • Published in Government Gazette for public comments in November 2007

  8. CURRENT STATUS • Received inputs from the following: • Kerk Maatskaplike Werk • Cor Z A Beek • South African Older Persons’ Forum • Province of Kwa-Zulu Natal • South African Human Rights Commission • Val Heighway Highlands House • Action on Elder Abuse South Africa • National Department of Health

  9. ISSUES SUBMITTED • Monitoring tools missing • Government will only provide for basic services, (however, those who can afford, can elevate the status of the service to tertiary level at their own expense) • SLA covered in Regulation 4 (1), this is also covered in the Policy on Financial Awards

  10. ISSUES SUBMITTED cont. • Consistency in terms of terminology used will be addressed • Application form for registration of a service provides for existing organizations • Levels of service delivery vs. levels of professional intervention is not clear

  11. CURRENT STATUS • Incorporation of inputs in the Regulations is in process

  12. CHALLENGES • Some of the inputs received cannot be regulated upon: • They are policy issues • The Act does not make provision of certain critical issues, e.g. deductions from old age grants, uniformity on the subsidies provided by provinces etc.

  13. CHALLENGES cont. • Different needs in the provinces leading to different priorities

  14. WAYFORWARD • Once the process of incorporating inputs is final, the Regulations will be given to the legal section for proclamation • Anticipated that the proclamation process will start in March 2008

  15. Questions?

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