Older Persons Bill: Summary of Submissions; Central Drug Authority Board recommendations

The final Committee Report would be adopted by the Committee during the following week.

Summary of Submissions on the Older Persons Bill [B68B-2003]
Mr Fernel Abrahams (Parliamentary researcher) highlighted the concerns raised during the public hearings on the Older Person’s Bill (see Appendix)

Discussion

Ms Direko (ANC) commented that she was concerned about privately owned institutions. She was not sure if "privately owned" meant you could do as you pleased. How did one protect these people and did privately owned institutions receive funding from government?

Ms Mars (IFP) wanted to know who was liable for older persons once they had been displaced from a privately owned institution.

Mr Masutha (ANC) commented that an impression had been created that there was a vacuum in the policy. They should see that the Bill provided some sort of protection against the selling of older person residential property that left people stranded.

Mr Solo (ANC) commented that the elderly often experienced terrible abuse within the family and that the elderly would have difficulty reporting abuse.

The Chairperson agreed that culturally the elderly did not report abuse because they were protecting their children and grandchildren. She said that they needed assurance that they would be protected.

Ms Gumede (ANC) asked what happened if an older person should die at an institution where the relatives had not shown any interest. She asked who resolved disputes that a resident might have with another person also living at the institution. What happened in cases of old men raping an old women at such facilities. Lastly, what happened to the property and assets of older persons once they had moved to such an institution.

Mr Masutha replied that private institutions did receive subsidies from the state. The state had an obligation to monitor all old age homes. All institutions had to registered with the department and they did impose certain norms and standards. The law provided for government to run its own old age homes at its own costs. There was a housing allocation policy to help indigent elderly people. The privately owned facilities had to have agreements with the department which had now been built into the Bill. If the private owner wanted to sell his property, the department would have a copy of the agreement which they had entered into. Owners do not have free reign with privately owned residential homes as the state had the authority to set terms and conditions for privately owned facilities.

Mr Morwamoche (ANC) commented that the Bill did not take into account other cultural ways of living except that of the Western way of living.

The Chairperson commented that generally the chiefs took care of their elderly. The elderly were not forced to live in old age homes but could live where they could practice their culture.

Ms Ludwabe (ANC) commented that she could look after her mother, but that it would not be in the Western way. She said that the cultural aspect needed to be looked at.

Ms Gumede suggested that government could subsidise someone to look after the elderly if they did not want to move from their home. She said that the elderly had their own specific reasons why they did not want to move from their home.

Mr Abrahams noted that he would prefer to refer these questions raised by committee members, to the department so that it could provide answers first-hand.

The meeting was adjourned

The Portfolio Committee on Social Development, having considered the request from the national Department of Social Development and also as required by the Prevention and Treatment of Drug Dependency Act, No 20 of 1992 [as amended] to shortlist, interview and ultimately recommend the appointment of candidates for the membership of the Central Drug Authority, reports as follows:

The interview panel:

Mrs J Tshivhase MP - National Assembly

Mr M Masutha MP - National Assembly

Mr B Solo MP - National Assembly

Mr L Nzimande - National Assembly

Mr T Godi MP - National Assembly

Ms H Weber MP - National Assembly

Mrs Masilo MP - National Council of Provinces

On the 24^th of August 2005, our Committee was briefed by the national Department of Social Development on, among other things, the fact that the term of the current membership of the Central Drug Authority was expiring by the 31^st of August 2005. Coupling that briefing was a request extended to the committee to consider and recommend candidates who could serve as CDA members from the pool of candidates who had submitted their CVs in a response to a publicized call for nominations initiated by the national Department of Social Development. Our committee, in accepting the request, established a facilitating panel that would facilitate the process of considering and recommending candidates to serve on the CDA.

The panel met at the HSRC Building, Pretorious Street, in Pretoria on 27 September 2005 to shortlist candidates. The following candidates were subsequently short-listed pending the Minister's approval:

Short listed candidates

Upon being presented with the short list, the Minister expressed concern regarding issues of gender, balance and representivity. The names of two additional females, that have not been short listed by the panel in September, have thus been added. They are, Mrs Shamim Garda and Ms Carol Du Toit. Following the Minister's approval of the above short list of candidates, the panel met again on 20-21 October 2005 at kopanong Conference Centre, Benoni to interview the short listed candidates. A total of 19 candidates were interviewed, of which 5 were previous board members. Prof Rataemane and Mr M Abelhem, two of the short-listed candidates could not come for interviews due to circumstances beyond the control of the interviewing panelists.

After having interviewed the short listed candidates, the Committee recommends, in accordance with the Prevention and Treatment of Drug Dependency Act, No 20 of 1992 [as amende~, that the House make a recommendation to the Minister that the following candidates be appointed to serve as members of the Central Drug Authority:

Recommended candidates

The interviewing panel places no obligation on the Minister to appoint all 12 candidates.

Report to be considered.

Mrs TJ Tshivhase, MP: Chairperson: Portfolio Committee on Social Development

01 November 2005