Media Release: For Immediate Release

Legislation

Legislative and Policy Mandates

Public Hearings on the Regulations in terms of the Social Assistance Act

The Department of Social Development will be holding public hearings on the Regulations regarding the Social Assistance Act in all the provinces and are inviting comments and inputs. More ...

The national Department of Social Development currently administers the following laws or part thereof:

These laws can be regarded as constituting the legal framework for social development in South Africa.  All the abovementioned laws, excluding the Welfare Laws Amendment Act, 1997 and the Advisory Board on Social Development Act, 2001 have been amended a number of times since April 1994.

In addition to these laws, the work of the Department is also informed by the Constitution.  Section 27 (1) (c) of the Constitution provides for the right of access to appropriate social assistance to those unable to support themselves and their dependants.  Section 28 (1) enshrines the rights of children with regard to appropriate care; basic nutrition; shelter; health care and social services; and detention.

Aged Persons Act, 1967

This Act provides for the protection and welfare of certain aged and debilitated persons, for the care of their interests, for the establishment and registration of certain institutions and for the accommodation and care of such persons in such institutions.  The Act was amended a number of times before April 1994.  Further amendments were made in November 1994 in order to, amongst others, repeal certain discriminatory provisions and in November 1998 in order to provide for the establishment of management committees for homes for the aged, to require reporting on the abuse of aged persons and to regulate the prevention of the abuse of aged persons.  The Department is currently drafting a Bill on the status of older persons.

Fund-raising Act, 1978

The Fund-raising Act, 1978 that provided for control of the collection of contributions from the public and for the establishment of various relief funds was, except for the relief fund chapter thereof, repealed in 1997 by the Nonprofit Organisations Act, 1997.  The Department is in the process of amending the remaining part of the Act.

Social Service Professions Act, 1978

This Act, formerly known as the Social Work Act, provides for the establishment of the South Africa Council for Social Work and defines its powers and functions.  The Act was amended on a number of occasions – in 1995 it provided for the establishment of the South African Interim Council for Social Work and for the rationalisation of certain laws relating to social workers that remained in force in the various areas of the national territory of the Republic.  The Act was also amended in 1996 in order to make the South African Interim Council for Social Work more representative of the people of the country.  The 1998 amendment established the South African Council for Social Service Professions and professional boards for social service professions.

Child Care Act, 1983

The Child Care Act, 1983 which provides for the establishment of children’s courts and the appointment of commissioners of child welfare, for the protection and welfare of certain children, for the adoption of children and for the establishment of certain institutions for the reception of children and for the treatment of children after such reception, was amended in 1996 to provide for legal representation for children and for the registration of shelters.  The 1998 amendment provided for the rights of certain natural fathers where the adoption of their children born out of wedlock has been proposed and for certain notice to be given.  The 1999 amendment provided for the establishment of secure care facilities and for the prohibition against the commercial sexual exploitation of children.  The Department and the South African Law Commission is currently preparing new comprehensive children’s legislation.

Probation Service Act, 1991

This Act provides for the establishment and implementation of programmes aimed at the combating of crime and for the rendering of assistance to and treatment of certain persons involved in crime.  A new amendment Bill has been prepared, which will be introduced in Parliament during April 2002.

Prevention and Treatment of Drug Dependency Act, 1992

This Act provides for the establishment of a Central Drug Authority, the establishment of programmes for the prevention and treatment of drug dependency, the establishment of treatment centres and hostels, the registration of institutions as treatment centres and hostels and the committal of certain persons to and their detention, treatment and training in such treatment centres or registered treatment centres.  The Act was amended in 1996 to extend the application of the Act to the whole of the national territory of the Republic and in 1999 to establish the Central Drug Authority.

Social Assistance Act, 1992 and Welfare Laws Amendment Act, 1997

The Social Assistance Act, 1992 provides for the rendering of social assistance to persons, national councils and welfare organisations.  The Act was amended in 1994 to further regulate the making of grants and financial awards to certain persons and bodies.  In 1997 the Welfare Laws Amendment Act, 1997 amended the Social Assistance Act, 1992 in order to provide for uniformity of, equality of access to, and effective regulation, of social assistance throughout the Republic, to introduce the child-support grant, to do away with capitation grants, to abolish maintenance grants subject to the phasing out of existing maintenance grants over a period not exceeding three years, to provide for the delegation of certain powers, and to extend the application of the provisions of the Act to all areas in the Republic.

Nonprofit Organisations Act, 1997

This Act repealed the Fund-raising Act, 1997, excluding the chapter, which deals with the relief funds, and provided for an environment in which nonprofit organisations can flourish.  The Act also established an administrative and regulatory framework within which nonprofit organisations can conduct their affairs.  The Act was amended in 2000 to effect certain textual alterations.

Advisory Board on Social Development Act, 2001

The Act provides for a national advisory structure in the social development sector with the aim of building and consolidating partnership between government and civil society and for that purpose, to establish a body to be known as the Advisory Board on Social Development.

White Paper for Social Welfare (1997)

The White Paper sets out the principles, guidelines, proposed policies and programmes for developmental social welfare in South Africa.  As the primary policy document, the White Paper serves as the foundation for social welfare in the post 1994 era.

White Paper Population Policy for South Africa (1998)

The White Paper aims to promote the integration of population issues in development planning with the view to achieving sustainable human development.  The Department of Social Development is responsible for monitoring population trends and for supporting national, provincial and local spheres of government through capacity building, research and information dissemination on population issues.

 

Contact

Issued by Department of Social Development

For More Information Contact:
Lakela Kaunda
Tel: 27-12-312-7653
Cell: 082 782 2575
E-mail: Lakela.Kaunda@socdev.gov.za
Weblink: www.socdev.gov.za

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