3 November 2006
MEDIA STATEMENT
OLDER PERSONS BILL BECOMES LAW
The Older Persons Bill, passed by Parliament in March this year, is now
law.
It was signed by President Mbeki this week, and the Department of Social
Development will now develop regulations for the implementation of the
Older Persons Act no 13 of 2006.
The law contains provisions that will improve the lives of older persons
in the country.
“We extend our gratitude to civil society for all the inputs and support
and for the input which made the law the landmark legislation that it
is. We also thank the Ministerial Committee on Abuse, Neglect and
Ill-treatment and Abuse of Older Persons for their wonderful work, which
formed the basis of this law. The successful implementation of the new
legislation is a joint responsibility between civil society and
government. It is therefore critical that both parties join hands to
ensure that the rights of older persons are protected’’, said Social
Development Minister Dr Zola Skweyiya.
SUMMARY OF THE ACT
OBJECTIVES
The main objective of the older person’s legislation is to:
Maintain and promote the status, well-being, safety and security of
older persons.
Recognize the skills and wisdom of older persons
Promote participation of older persons in the community activities so
as to promote them as people.
CHAPTER ONE (DEFINITIONS)
The definition of older person abuse is broadly defined to accommodate
different types of abuse:
- Physical
- Emotional
- Neglect
- Financial
An older person is defined in case of females as a person who is 60
years or older and in males 65 years or older.
Frail older person means an older person whose physical or mental
condition renders him or her in need of 24 hours continuous care.
CHAPTER TWO (CREATION OF AN ENABLING AND SUPPORTIVE
ENVIRONMENT)
The chapter looks at issues that would make it possible for older
persons to live in the community independently and functioning at their
highest potential. It looks at the protection and promotion of older
persons rights. It focuses on the development of norms and standard for
quality service development and enforces punitive measures for
non-compliance.
The older persons have the same equal benefits from the rights as
stipulated in the Republic of South Africa’s Constitution. The chapter
promotes the partnership between the Government and the NGOs and
provides for the support to NGO’s to be able to provide services.
The new legislation makes provision for the guiding principles for
services to older persons, it emphasizes that services to older persons
should be provided in an environment that:
• Recognizes the cultural, social and economic contributions of older
persons.
• Promotes communication networking between NGO’s and other structures
in the community.
• Ensures access to information by ,education and training of older
persons and also promoting the prevention of their exploitation
CHAPTER THREE (COMMUNITY BASED SERVICES)
The chapter seeks to provide for the older persons who want to remain in
the community for as long as possible by providing them with community
based care and support services. The legislation ensures the community
based care and support services to those older persons who are in the
communities.
The community–based care and support programmes for older persons aimed
for are divided in the following broad categories:
• Prevention and promotion programmes- Ensures the independent living of
an older person in the community. These programmes are aimed at ensuring
that: older persons are economically and socially empowered. They
further ensure that older persons have access to information, education
and counselling especially in HIV/AIDS, provision of nutritionally
balanced meals to name a few.
• Home-based care- Ensures that a frail older person receives maximum
care within the community through a comprehensive range of integrated
services. Those services might include; home based care, information,
education on how to take care of the older person and counselling for
family members, care givers and the community regarding ageing and
associated conditions.
The legislation also emphasizes the importance of registration of
community based care services and training of caregivers must be trained
as prescribed. The legislation also enforces registration of
professionals with relevant statutory bodies to ensure protection of
older persons.
CHAPTER FOUR (RESIDENTIAL CARE)
The focus of this chapter is on older persons who are to be placed in
residential care facilities. The residential facilities (Known as Old
Age Homes) have to be registered and they have to meet certain
requirements as stipulated by the norms and standards.
Older persons in residential facilities enjoy the rights in the Bill of
Rights but also have the following rights:• To
appoint representatives to act on their behalf
• Have reasonable access to assistance and visitation
• Keep and use personal possessions
• Informed about the financial status of the residential facility and
changes in management
• Be given at least 30 days notice of a proposed transfer or discharge.
There has to be 24-hour care and support services to frail older persons
and those who need special attention. All residential facilities have to
have residents committees especially if more than ten older persons
reside in that facility.
ADMISSION
The legislation made provision on the admission clause to protect older
persons. The following clause is critical to prevent forceful admission
and minimize the dumping of older persons in residential facilities.
No older person should be refused admission to the residential facility.
If so the manager of that facility has to do it in writing giving the
reasons for non admission.
No older person can be placed in residential facility without their
consent unless his/her mental condition renders him or her incapable, in
such cases an authorized person in terms of the law may give consent or
the Minister can provide it.
MONITORING
Monitoring of registered residential facilities can be done by the State
Social Worker or any person designated by the Director-General. The
legislation however promotes the multi-disciplinary approach in
monitoring of residential facilities.
REPORT TO THE MINISTER
The legislation emphasizes that the operator of a registered residential
facility must within 60 days after the end of the financial year of that
facility submit to the Minister a report covering that financial year in
respect of prescribed service standards and measures to prevent and
combat abuse of older persons and the provision of the prescribed
service level agreements concluded during that financial year.
CHAPTER FIVE (PROTECTION OF OLDER PERSON)
The chapter focuses on protection of older persons in both the community
and the residential facilities. It firstly describes an older person in
need of care. It further stresses that all people have a duty to report
elder abuse including community members.
The abuse must be brought to the attention of the Director-General,
however at the local level the abuse may be reported to the social
worker or the police official. The social worker will then investigate
the allegations.
It also makes provision fore the offender to be removed from home should
it be in the best interest of the older persons to do so.
PROCEDURE FOR HANDLING ABUSE
The procedure for bringing complaints of abuse against an older person
in the community before the magistrate are discussed at length in the
legislation also the enquiry into abuse of older person.
It further requires the Department of Social Development to keep a
register of persons convicted of abuse or any crime pertaining to older
persons. A person whose name appears in the register is prohibited to
operate a residential facility or be employed at any residential
facility or provide any community –based care and support service to an
older person.
CHAPTER SIX (DELEGATION OF POWERS)
The chapter provides for the delegation of powers. The Minister has the
right to delegate powers to any officer of the Department. |
