Establishment of Social Assistance Appeals Tribunal

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2. 2 Purpose 1. Progress on the establishment of the AT 1.1.Ministerial Determination (DSD/SASSA Collaboration) 1.2.Adjudication capacity 2. Current challenges 3.Proposed Protocol (Role of MEC�s) 4. Organizational Structure (DPSA) 5. Recommendations.

3. 3 1: Background (Recap�)

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5. 5 1.2.(a) Adjudication Capability

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8. 8 2. Current Challenges

9. 9 2.1. Current Challenges Some of the challenges in the implementation phase: Office space (1.489m�) in view of the current organizational structure; Adequate and available Boardrooms for panel sittings; Adequate funding for semi-decentralized offices in all provinces (at least a panel) especially in managing the backlogs; MIS implementation and interface by all SASSA Regions (procured through BID Committee, warehouse challenges; Appointment of Civil society members

10. 10 2.4. SASSA/DSD Collaboration

11. 11 3.2.Role of Provinces (continued): The parties to this MOU have a responsibility for its effective implementation: The main thrust underpinning the MOU is that SASSA Regional Offices through the REM will collaborate with the MEC�s Offices in overseeing that the constitutional right of access to social assistance to applicants and beneficiaries is not compromised in any way; The Provincial Departments through the offices of the Members of the Executive Council (MEC�s) will perform an oversight function on behalf of the Minister; The performance of this role should not in any way interfere with the Agency�s responsibility which relates to the administration and payment of social assistance.

12. 12 3.3. Management and Reporting Framework All Parties acknowledge that in terms of the 2004 Social Assistance Act and the Agency Act, the Agency is responsible and accountable for the social assistance administration and payment services function. The Agency will, together with the Provincial and National Department Departments, implement a management and reporting framework in order to effectively monitor and manage the envisaged arrangement. The Minister, the Director-General and the MEC�s hereby agree that the co-operation of the HOD will be required to implement this arrangement and hereby undertake to perform all such actions and all such steps as are necessary in order to ensure the efficient and effective implementation of this Protocol. The Regional Heads of the Agency would be required to have monthly briefing sessions with the MEC�s and as well as bi-monthly briefing sessions with the HOD�s on all matters of interests relating to the administration and payment of social assistance. Same reporting and consultations would apply on matters of social assistance policy formulation as well as the activities relating to the Appeals Tribunal.

13. 13 4: OrganizationalStructure

14. 14 Structure: Appeals Tribunal Centre

15. 15 Proposed Organizational Structure Reporting by the Chief Directorate: HCM DPSA Presentation

16. 16 5: Way forward

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19. 19 5. Recommendations 5.It is recommended that EXCO consider and approves as follows: 5.1. Interim venue hire for the AT�s Office accommodation (6-12 months) through Public Works or other mechanisms, ; 5.2. Mandate to HRM, COO�s Office and the line function to explore the establishment of the AT as a government component as contemplated in the Public Service Act amendments; 5.3. The circulation of the draft MOU for inputs to all stakeholders in preparation for MINMEC; 5.4. Based on limited resources, adjudication capability be centralized for the 2008/9, and put a case for decentralized model in 2009/10; 5.5. According to the latest 45 days Court order from KZN High Court on appeals matters; a team from SASSA/DSD as well as panel members will be deployed (max 3 months); 5.6. Appointment of Civil Society members be concluded with appropriate line functions.