The responsibility for providing care for the thousands of people whose health has deteriorated because of poverty places challenges on our ability to realise the right to health care for all of our people. The purpose of the Social Assistance Amendment Bill is to amend the Social Assistance Act of 2004; to define disability; to regulate the application process of grants; of critical importance, to regulate the work of the SA Social Security Agency in reconsidering its decisions with regard to the approval or otherwise of grant applications; and to clarify the process of appeals against the decisions of the agency.
While the availability of both health care and medication is critical in maintaining the wellbeing of individuals with chronic illnesses, the ability to take control of the given condition is often inhibited by the inability to afford extra medication, transport to and from clinics, adequate nutrition and basic necessities.
Section 27 of the Constitution of the Republic of South Africa obliges the state to achieve the progressive realisation of the right of everyone to social security by taking reasonable legislative and other measures within its available resources towards that end. All persons in South Africa who are unable to support themselves and their dependants are entitled to appropriate social assistance.
As with other socioeconomic rights, the right to social assistance must be interpreted against the values of the Constitution, including the protection of a person's right to human dignity. Treating people with dignity requires the state to act in a reasonable manner towards those claiming social security rights.
According to the memorandum on the Bill, and in regard to its objects, the purpose is to insert a definition of disability in order to provide clarity on eligibility for a disability grant. The United Nations Convention on the Rights of Persons with Disabilities recognises the diversity of definitions of disability that are applicable globally. Central to these definitions is a person's inability to maintain himself or herself through employment by virtue of his or her disability.
In our considering the amending Bill, it was felt that it would be a grave mistake to hastily approve an amendment that could result in the reversal of gains made over the past 16 years, given the implications of the proposal in regard to disability.
It is therefore clear that there is a general consensus that the clause containing the definition of disability be withdrawn from the amending Bill in order to address unintended consequences. This implies that at a future stage further amendments will have to be brought to Parliament. The ANC supports the Social Assistance Amendment Bill.