Date: 23/03/2006
Source: Department of Social Development
Title: Skweyiya: Third reading of Older Persons Bill, NA
Opening address by Dr Zola Skweyiya, Minister for Social Development, on the occasion of the third reading of the Older Persons Bill in the National Assembly, Cape Town
Madam Speaker,
Honourable members,
The Older Persons Bill is one of four bills that were presented to the House in the year leading up to the 2004 national elections that were intended to promote the further fulfilment of the rights contained in the Constitution and consolidate the transformation of the social development sector. It is therefore fitting that the last bill in the “four pack” is making its way through Parliament in the year when we celebrate the 10th anniversary of the Constitution.
It is appropriate that our nation and society reflects upon the 10th anniversary of the Constitution with a deep sense of accomplishment. We are in the midst of a long journey to build a society based on democratic values, social justice, and fundamental human rights. Across the board we have made substantial progress in restoring the dignity of our people, in freeing their potential and in building a better life for all. It is because of the historical experience of our people and our vision for the future that we confidently say that we live in an Age of Hope. Nobody is better placed to bear witness to this fact than the older people in our society and the Older Persons Bill is yet another milestone in this long journey.
Within the framework of our Constitution, the Older Persons Bill is intended to ensure that the rights, dignity and independence of older persons are upheld. It provides a framework aimed at the empowerment and protection of older persons, and the promotion and maintenance of their socio-economic status. We are determined to ensure that as people grow older, they enjoy a life of fulfilment, health, security and continue to actively participate in the economic, social, cultural and political life of our society.
The dispensation in the Bill reaffirms the traditional esteem and status of older persons whilst acknowledging and supporting their changing roles in the face of contemporary social challenges. In this regard, I would like to once more publicly acknowledge and pay tribute to the older people in our society who provide care and support to vulnerable and orphaned children. Madam Speaker, from a legislative perspective, the Older Persons Bill is an acknowledgement that the Aged Persons Act 100 of 1967 (as amended) was hindering the creation of an enabling environment consistent with the developmental approach espoused by the current government. The old Act could not be aligned with the new developmental paradigm employed in the provision of services to older persons. It focused mainly on institutional care, which caters for only a small minority of the population of older people, to the exclusion of the vast majority of older people, especially those from previously disadvantaged groups. Older persons live in their own homes in the community, want to continue living in their own homes and therefore require appropriate community based services.
In addition, services to older persons in this country have generally been deficient, both in terms of actual service delivery and the allocation of resources for these services. This is particularly true of older persons living in remote rural communities, who tend to live in extreme poverty and tend to be the most vulnerable.
Madam Speaker, as indicated earlier, the Bill was submitted for consideration by Parliament in 2003 after approval by Cabinet. The Bill was referred to the Select Committee of the National Council of Provinces (NCOP) in November 2003, which was also given a report on the cost implications of the Bill. After provincial consultations on the Bill, the NCOP approved the Bill in June 2005. Following the submission of the Bill to the Portfolio Committee on Social Development, and subsequent public hearings, a number of critical issues were raised by interest groups and the public, which occasioned further amendment of the Bill.
I am very grateful to the stakeholder groups and members of the public who have participated in public hearings and maintained a keen interest in the Bill as it made its way through Parliament. Your dedicated efforts have enabled us to fashion legislation that seeks to maintain and increase the capacity of older persons to support them and to contribute to the well-being of those around them. By working together we have arrived at a Bill that recognises older persons as a valuable sector of society, a sector that possesses much knowledge, wisdom and expertise.
The Bill has far reaching implications for older persons, their livelihoods and independent functioning. It is intended to enable intergenerational care and support within families and communities, and thus promotes the spirit of Ubuntu. It recognises that services should also be extended to older people who are frail but are able to continue living in the community. It also recognises that there will always be those older persons that will require institutional care. With respect to institutions of care, the Bill protects the rights and dignity of older people by ensuring that no older person will be placed in these facilities without their consent unless their mental condition renders them incapable of giving such consent. Stringent measures are put in place to ensure that only those who are eligible for admission in these facilities are considered for admission.
Madam Speaker, the Bill, which must be read in conjunction with other legislation, also puts in place measures to curb the abuse of older persons both within community settings and in residential care facilities. We recognise that these measures by themselves are insufficient to ensure that older people are treated with the respect they deserve and that their rights and dignity are protected. An extensive education campaign is required, directed at both older persons themselves and the broader society, to create understanding about the rights of older persons, the measures in the Bill that ensure the protection of these rights, and the remedies provided for where these rights are violated.
The new dispensation that will be created by the Bill has resource implications and costing of the Bill, which was done in partnership with the National Treasury, will ensure that appropriate budgetary provisions are factored into the Medium Term Expenditure Framework at both provincial and national level. This costing provides for the progressive realisation of the objectives of the Bill, whilst ensuring that the basic and urgent needs of older persons are provided for.
Madam Speaker, before closing these opening remarks, I would like to again express my sincere appreciation to all the role players and stakeholders who took interest in this Bill and made their inputs during various stages of its development. The Human Rights Commission has had an on going interest in the Bill and has attended to the issue with keen interest. Numerous interest groups and members of the public participated in the public hearings and their inputs have significantly improved the Bill. Various government departments assisted in the development of this Bill and will play their respective roles in ensuring successful implementation. In addition, officials from the national and provincial departments of Social Development have worked long hours to maintain the momentum of preparing and considering the Bill. Lastly I am indebted to the Portfolio Committee and the NCOP for the admirable manner in which they conducted their oversight and legislative functions, as well as their guidance and leadership in the development of this Bill.
It is fitting that the Older Persons Bill will be passed by Parliament in the year that we celebrate the 10th anniversary of our Constitution. The older people in our country could not ask for a better reaffirmation of their rights, aspirations, hopes and status in society.
I thank you.
Issued by: Department of Social Development
23 March 2006
Source: Department of Social Development
Title: Skweyiya: Third reading of Older Persons Bill, NA
Opening address by Dr Zola Skweyiya, Minister for Social Development, on the occasion of the third reading of the Older Persons Bill in the National Assembly, Cape Town
Madam Speaker,
Honourable members,
The Older Persons Bill is one of four bills that were presented to the House in the year leading up to the 2004 national elections that were intended to promote the further fulfilment of the rights contained in the Constitution and consolidate the transformation of the social development sector. It is therefore fitting that the last bill in the “four pack” is making its way through Parliament in the year when we celebrate the 10th anniversary of the Constitution.
It is appropriate that our nation and society reflects upon the 10th anniversary of the Constitution with a deep sense of accomplishment. We are in the midst of a long journey to build a society based on democratic values, social justice, and fundamental human rights. Across the board we have made substantial progress in restoring the dignity of our people, in freeing their potential and in building a better life for all. It is because of the historical experience of our people and our vision for the future that we confidently say that we live in an Age of Hope. Nobody is better placed to bear witness to this fact than the older people in our society and the Older Persons Bill is yet another milestone in this long journey.
Within the framework of our Constitution, the Older Persons Bill is intended to ensure that the rights, dignity and independence of older persons are upheld. It provides a framework aimed at the empowerment and protection of older persons, and the promotion and maintenance of their socio-economic status. We are determined to ensure that as people grow older, they enjoy a life of fulfilment, health, security and continue to actively participate in the economic, social, cultural and political life of our society.
The dispensation in the Bill reaffirms the traditional esteem and status of older persons whilst acknowledging and supporting their changing roles in the face of contemporary social challenges. In this regard, I would like to once more publicly acknowledge and pay tribute to the older people in our society who provide care and support to vulnerable and orphaned children. Madam Speaker, from a legislative perspective, the Older Persons Bill is an acknowledgement that the Aged Persons Act 100 of 1967 (as amended) was hindering the creation of an enabling environment consistent with the developmental approach espoused by the current government. The old Act could not be aligned with the new developmental paradigm employed in the provision of services to older persons. It focused mainly on institutional care, which caters for only a small minority of the population of older people, to the exclusion of the vast majority of older people, especially those from previously disadvantaged groups. Older persons live in their own homes in the community, want to continue living in their own homes and therefore require appropriate community based services.
In addition, services to older persons in this country have generally been deficient, both in terms of actual service delivery and the allocation of resources for these services. This is particularly true of older persons living in remote rural communities, who tend to live in extreme poverty and tend to be the most vulnerable.
Madam Speaker, as indicated earlier, the Bill was submitted for consideration by Parliament in 2003 after approval by Cabinet. The Bill was referred to the Select Committee of the National Council of Provinces (NCOP) in November 2003, which was also given a report on the cost implications of the Bill. After provincial consultations on the Bill, the NCOP approved the Bill in June 2005. Following the submission of the Bill to the Portfolio Committee on Social Development, and subsequent public hearings, a number of critical issues were raised by interest groups and the public, which occasioned further amendment of the Bill.
I am very grateful to the stakeholder groups and members of the public who have participated in public hearings and maintained a keen interest in the Bill as it made its way through Parliament. Your dedicated efforts have enabled us to fashion legislation that seeks to maintain and increase the capacity of older persons to support them and to contribute to the well-being of those around them. By working together we have arrived at a Bill that recognises older persons as a valuable sector of society, a sector that possesses much knowledge, wisdom and expertise.
The Bill has far reaching implications for older persons, their livelihoods and independent functioning. It is intended to enable intergenerational care and support within families and communities, and thus promotes the spirit of Ubuntu. It recognises that services should also be extended to older people who are frail but are able to continue living in the community. It also recognises that there will always be those older persons that will require institutional care. With respect to institutions of care, the Bill protects the rights and dignity of older people by ensuring that no older person will be placed in these facilities without their consent unless their mental condition renders them incapable of giving such consent. Stringent measures are put in place to ensure that only those who are eligible for admission in these facilities are considered for admission.
Madam Speaker, the Bill, which must be read in conjunction with other legislation, also puts in place measures to curb the abuse of older persons both within community settings and in residential care facilities. We recognise that these measures by themselves are insufficient to ensure that older people are treated with the respect they deserve and that their rights and dignity are protected. An extensive education campaign is required, directed at both older persons themselves and the broader society, to create understanding about the rights of older persons, the measures in the Bill that ensure the protection of these rights, and the remedies provided for where these rights are violated.
The new dispensation that will be created by the Bill has resource implications and costing of the Bill, which was done in partnership with the National Treasury, will ensure that appropriate budgetary provisions are factored into the Medium Term Expenditure Framework at both provincial and national level. This costing provides for the progressive realisation of the objectives of the Bill, whilst ensuring that the basic and urgent needs of older persons are provided for.
Madam Speaker, before closing these opening remarks, I would like to again express my sincere appreciation to all the role players and stakeholders who took interest in this Bill and made their inputs during various stages of its development. The Human Rights Commission has had an on going interest in the Bill and has attended to the issue with keen interest. Numerous interest groups and members of the public participated in the public hearings and their inputs have significantly improved the Bill. Various government departments assisted in the development of this Bill and will play their respective roles in ensuring successful implementation. In addition, officials from the national and provincial departments of Social Development have worked long hours to maintain the momentum of preparing and considering the Bill. Lastly I am indebted to the Portfolio Committee and the NCOP for the admirable manner in which they conducted their oversight and legislative functions, as well as their guidance and leadership in the development of this Bill.
It is fitting that the Older Persons Bill will be passed by Parliament in the year that we celebrate the 10th anniversary of our Constitution. The older people in our country could not ask for a better reaffirmation of their rights, aspirations, hopes and status in society.
I thank you.
Issued by: Department of Social Development
23 March 2006
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