Annual Report of the Portfolio Committee on Social Development

 

JANUARY – DECEMBER 2005

 

1. Introduction

 

Our committee forms part of a pool of portfolio committees that the National Assembly appoints from among its members to shadow the work of the various national government departments. It is a portfolio committee for the national department of social development, previously known as ‘welfare’. Like all portfolio committees, it has 15 full members, and 3 alternate members. It is mandated to consider bills, deal with departmental budget votes, oversee the work of the department they are responsible for, and enquire and make recommendations about any aspect of the department, including its structure, functioning and policy. Furthermore, its work is not restricted to government – it may investigate any matter of public interest that falls within their area of responsibility.

 

2. Administration and management of the committee

 

Committee Chairperson: Mrs TJ Tshivhase

Secretary to the Chairperson: Ms D Makhetha

 

Committee’s Management Team:

Mrs TJ Tshivhase - Chair

Mr TM Masutha – ANC Party whip

Mr B Solo – Committee Member

Mr LPM Nzimande - Committee Member

Mr MC Fukula – Support staff

Mr F Abrahams – Support Staff

Committee’s support staff

Committee Secretary: Mr MC Fukula

Committee Assistant: Mrs A Kakaza

Committee Researcher: Mr F Abrahams

Committee Controller: Mrs T Lyons

 

3. Vision and mission of the committee

 

                           I.      The mission

To serve as the representatives of the people in reviewing, developing and monitoring the implementation of appropriate legislation that responds to the social development needs of the people and that assists in reducing poverty and social exclusion, and ensuring public participation. The Committee will also, through its oversight function, ensure that the policies and social development services implemented by Government are focused on comprehensive protection against vulnerability and on strengthening the social fabric.

 

                        II.      The vision

A caring society free from poverty, in which all people are able to develop their full human potential, supported by an integrated family and community centred system of social development services.

 

4. Chairperson’s overview:

 

The bulk of our committee’s time in the year 2005 was, by and large, consumed by its work on legislation, namely the Children’s Bill [B70-2003] Reintroduced as well as the Older Persons Bill [B68B-2003]

 

The year saw our committee wrapping its work on the much anticipated and topical Children’s Bill [B70-2003] Reintroduced. Our committee is greatly indebted to everybody that has contributed in making its work on the latter such a resounding success. Subsequent to finalising its work on the Children’s Bill [B70-2003] Reintroduced, our committee was referred to the Older Persons Bill [B68B-2003] for its consideration. The committee’s work strategy on the Older Persons Bill [B68B-2003] entailed first soliciting public comments on the Bill, making good use of the vehicle of public hearings and afterwards engaging with the Department of Social Development in deliberating the solicited public comments. The public input and interest manifested on the Older Persons Bill was very inexplicably heart warming. Our committee sincerely salutes all those individuals and organisations that responded so positively to its call for public comments.

 

In the course of working on the legislation before it, our committee’s oversight responsibilities were however not neglected. Notwithstanding the constraints emanating from its focus on legislation, our committee still managed to keep a sharp eye on the developments in respect of the South African Social Security Agency (SASSA) in particular and other entities falling within the domain of social development. An oversight visit to North West province was, for instance, undertaken with the following objectives:

q       To look at the delivery systems within the context of social security.

q       To interact with stakeholders and service providers active within the purview of social security delivery.

q       To interact with social development officials with the ultimate view of ascertaining their level of awareness regarding the broader social security changes as well as the pending transfer of some of the staff from the Department of Social Development to the South African Social Security Agency.

q To visit different paypoints in order to look at changes and challenging areas that needed urgent intervention.

 

The North West province oversight visit was intricately linked to our Committee’s mission of reviewing, developing and monitoring the implementation of appropriate legislation that responds to the social development needs of the people and that assists in reducing poverty and social exclusion, and ensuring public participation. Ensuring that the policies and social development services implemented by Government are focused on comprehensive protection against vulnerability and on strengthening the social fabric. The outcomes of the visit will to be used by the committee in its future engagements with the Department of Social Development and the South African Social Security Agency.

 

The other oversight activities included hosting hearings on the Department of Social Development’s budget vote 18 for the 2005/06 financial year, with the main focus being on the strategic plans of the Department and entities reporting to it. The Portfolio Committee engaged with Budget Vote 18: Social Development through a series of meetings with the Department of Social Development, as well as those entities reporting to the national Minister of Social Development. The Committee met the Department of Social Development on 1 and 2 March 2005. The Committee was further briefed by the National Development Agency (NDA) and the Disaster Relief Fund on 8 March; and the Central Drug Authority (CDA) and the South African Council for Social Services Professions on 9 March 2005. Due to time constraints and various commitments on the side of senior departmental officials, the briefings and discussions on 1 and 2 March could only focus on the areas of social assistance, the transformation and financing of social services, HIV and AIDS care and population and development. That effectively meant that our committee could therefore have to deal with other aspects of the department’s programmatic work after the completion of the budget cycle.

 

In the discussions on the various budget items, members of the committee noted their interest in the establishment of the South African Social Security Agency (SASSA) and the impact that this will have on improving the delivery of social grants. The committee therefore expressed its intention to closely monitor the establishment of the SASSA through briefings and progress reports. The question of the role of social grants and other forms of social aid to persons living with HIV and AIDS was also raised. In addition, members expressed concern about the manner in which the food emergency scheme was managed, and about the fact that the developmental aspect of the Integrated Nutrition Strategy has not been implemented.

 

In conclusion, I would like to thank the entire membership of my committee for the self-less manner in which its has contributed to the realization of our committee’s vision and objectives. I would also like to congratulate my committee’s support for its availability in ensuring that the committee moved ahead with minimal glitches. A word gratitude also goes to the officials from the Department of Social Development for the amount of work they have put in making our committee a success. 

 

5. List of public entities over which the committee exercise oversight

 

5.1 South African Council for Social Service Professions (SACSSP) – is the statutory regulatory body for the social service professions in South Africa. It was established and functions in terms of the Social Service Professions Act, 1978 (Act 110 of 1978) as amended. It evolved from the erstwhile SA council for Social and Associated Work established in 1980, the SA Council for Social Work and SA Interim Council for Social Work.

 

5.2 National Development Agency (NDA) - The NDA, as a statutory body that is governed by NDA Act, No 108/1998 as amended, contributes towards the eradication of poverty and its causes through the provision and facilitation of:

q       Development funding;

q       Capacity building;

q       Research and debate on development policy; and

q       Dialogue.

 
5.3 Disaster Relief Fund – the object of the Disaster Relief Fund in terms of the Fund-Raising Act, No 107 of 1978, is to render, with due regard to the financial position of the Fund and the requirements of each case, to persons, organizations and bodies who or which suffer damage or loss caused by a disaster such assistance as the Disaster Relief Fund Board may deem fair and reasonable.

 

5.4 Central Drug Authority was established in accordance to Prevention and Treatment of Drug Dependency Act 20 of 1992, as amended. It performs the following tasks:

q       Protects communities from the health risks and other damages associated with drug misuse

q       Ensures that drug misusers and their families have access to counseling and services

q       Develops and implement training programmes on the detection of substance abuse, its prevention and treatment for all role-players

q       Establishes and maintain a substance abuse information system

q       Enters into agreements with other countries and organizations in order to secure mutual legal assistance, intelligence sharing and co-operation in anti-drug efforts and training

 

5.5 Advisory Board on Social Development – is an advisory board that was established through the Advisory Board on Social Development Act of 2001.

 

The objectives of the Board are-

 

(a) To advise the Minister on-

q       Measures to promote the transformation;

q       Measures to promote social development initiatives;

q       Measures to include local government in the provision of integrated;

q       Proposals for new legislative frameworks for the social development;

q       The introduction of local and international best practices in social

 

(b) To act as a consultative forum for the Minister to discuss social development matters, including-

q       Improving the quality of provincial and national social development;

q       The introduction of new policy and successful policy implementation in the government and non-governmental environment;

q       Facilitating consultation between stakeholders and government regarding the implementation of social development;

q       Ensuring effective review of formulation, implementation and evaluation of social development policies, programmes and legislation, as informed by the needs and priorities of society;

q       Inputs from the social development sector to international forums and protocols; social development services; service delivery at local government level; sector and amendments to existing legislation; and development services.

 

5.6 South African Social Security Agency – the agency is established through the South African Social Security Act, No.9 of 2004 as a juristic person. It is established as a sole agent that must:

q       Ensure the efficient and effective management, administration and payment of social assistance; and

q       To serve as an agent for the administration and payment of social security.

 

6. Number of meetings held and those cancelled

 

7. Legislation referred to the committee (Finalised and not finalised)

 

7.1 Children’s Bill [B70-2003]

The Children’s Bill was not referred to our committee in 2005. It was an outstanding work that carried over from last year.

 

Referral date – 15 June 2004

7.2 Briefings by the department/s

 

7.2.1 Briefing date: 18 January 2005

 

Meeting agenda: Consideration of the Committee’s draft programme (2005) and draft annual report for 2004.

 

7.2.2 Briefing date: 19 January 2005

 

Meeting agenda: Briefing by the member-Departments of the Steering Committee on the Children’s Bill.

 

The following persons were in attendance:

q       Mrs Lana Petersen – Parliamentary Officer – Ministry of Social Development.

q       Ms Agnes Muller – Deputy Director Children, Department of Social Development

q       Dr M Mabetoa – Chief Director Children, Youth and Families, Department of Social Development

q       Mrs. Ronel van Zyl – Legal Drafter, South African Law Reform Commission

q       Dr J Coetzee – Director Formal Education, Department of Correctional Services

q       Mr. F Engelbrecht  - Deputy Commissioner Personal Wellbeing, Department of Correctional Services

q       Ms Anne-Marie van Zyl - Executive Manager Employment Standards, Department of Labour

q       Mr. SI Nawa – Deputy Director: Legal Services, Department of Education

q       Mr. S Pienaar – Assistant Commissioner, Social Crime Prevention, South African Police Service

q       Ms M Mathye – Chief Director, Equity and Development, Department of Provincial and Local Government

q       Mr. Z Matebese – Senior Planner, National House of Traditional Leaders

q       Mr. S Mogotsi – Director: Legal Services, Department of Home Affairs

q       Mr. E Kritzinger – Director: Status Services, Department of Home Affairs.

q       Mr. A Goosen – Acting Director: Port Control, Department of Home Affairs

q       Ms M Rantia – Director, Office of the Rights of the Child: Presidency

q       Ms P Moodley – Acting Director, Department of Justice and Constitutional Development

q       Adv. P du Rand – Chief Director, Department of Justice and Constitutional Development

q       Mrs. K Shabalala – Chief Director, Department of Justice and Constitutional Development

q       Ms C Kok – Senior Legal Administration Officer, Department of Justice and Constitutional Development

q       Mr. Otto Kelner, State Law Adviser

q       Mr Fernel Abrahams, Parliamentary Researcher

 

7.2.3 Briefing date: 20 January 2005

 

Meeting agenda: Continuation of the briefing by the member-Departments of the Steering Committee on the Children’s Bill – the Department of Home Affairs responding to the questions raised and presentation by Ronel focussing on the matrix.

 

Officials present:

q       Anne-Marie Van Zyl – Department of Labour

q       Mr Silas IM Nawa – Department of Education

q       Mrs Corlia Kok – Department of Justice and Constitutional Development

q       Ms Pat Moodley - Department of Justice and Constitutional Development

q       Elroy Machelm – Legal Aid Board

q       Mrs Lana Petersen – Parliamentary Officer – Dept of Social Development.

q       Dr M Mabetoa – Chief Director: Children, Dept of Social Development

q       Freddie Engelbrecht – Department of Correctional Services

q       Ntombizodwa K Chiloane - SAPS

q       Mr Tertius GeLdenhys – Assistant Commissioner – SAPS

q       Mrs Antoinette Brink – Senior Legal Administration Officer – SAPS

q       Zongezile Matebese – National House Of Traditional Leaders

q       Mihloti Mathys – Department of Provincial and Local Government

q       14. KS Mogotsi – Department of Home Affairs

 

7.2.4 Briefing date: 21 January 2005

 

Meeting agenda: Briefings by the Departments of Labour, Correctional Services and Education on the Children’s Bill and presentation by Mrs Ronel Van Zyl, legal drafter, on the prepared matrix.

 

Officials present:

q       Mr Otto Kellner – State Law Advisers Office

q       Mr E Kritzinje – Home Affairs

q       Mr J Coetzee – Correctional Services

q       Ms Susan Pienaar – South African Police Services

q       Ms Antoinette Brink - South African Police Services

q       Anne-Marie Van Zyl – Department of Labour

q       Mr Silas IM Nawa – Department of Education

q       Elroy Machelm – Legal Aid Board

q       Mrs Lana Petersen – Parliamentary Officer – Dept of Social Development.

q       Dr M Mabetoa – Chief Director, Dept of Social Development

q       Freddie Engelbrecht – Department of Correctional Services

q       Ntombizodwa K Chiloane – South African Police Services

q       Mr Tertius GeLdenhys – Assistant Commissioner – South African Police Services

q       Mrs Antoinette Brink – Senior Legal Administration Officer – SAPS

q       Zongezile

q       Mr Z Matebese – National House Of Traditional Leaders

q       KS Mogotsi – Department of Home Affairs

 

7.2.5 Briefing date: 02 February 2005

 

Meeting agenda: Briefing by the national Department of Justice on the Child Justice Bill and Children’s Bill Reintroduced with the aim of exposing the Committee membership to possible gaps and overlaps between the two Bills.  

 

Status – Postponed

 

7.2.6 Briefing date: 04 February 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced with particular focus on how the Bill was structured.

 

Status – Postponed

 

7.2.7 Briefing date: 08 February 2005

 

Meeting agenda: Briefings by the Department of Health and Social Security Branch of the Department of Social Development on issues emerging from the previous briefings by the member Departments of the Steering Committee on the Children’s Bill [B70-2003]

 

The following officials were in attendance:

 

q       Dr Maria Mabetoa - Department of Social Development

q       Mrs Ronel van Zyl- SA Law Reform Commission

q       Ms Lowesa Stuurman – SA Law Reform Commission

q       Mr P du Preez – Department of Social Development

q       Ms Sebotle Ngake – Department of Health

q       Dr Mohlabi - Department of Health

q       Ms Estelle de Klerk =- Department of Health

q       Ms Ann Behr - Department of Health

q       Mrs Agnes Muller - Department of Social Development

q       Mrs Unathi Mguye - Department of Social Development

q       Mr Selwyn Jehoma - Department of Social Development

q       Mrs Lana Petersen - Department of Social Development

 

7.2.8 Briefing date: 09 February 2005

 

Meeting agenda:

q       Presentation by the Social Security Branch of the Department of Social Development on grants to children.

q       Presentation by the Department of Social Development on Sections 75 and 76 issues.

 

The following officials were in attendance:

q       Mr Otto Kellner – Principal State Law Advisor

q       Dr Maria Mabetoa - Department of Social Development

q       Mrs Ronel van Zyl- SA Law Reform Commission

q       Ms Lowesa Stuurman – SA Law Reform Commission

q       Mr P du Preez – Department of Social Development

q       Mr Brian Heber - Department of Social Development

q       Mrs Agnes Muller - Department of Social Development

q       Mrs Unathi Mguye - Department of Social Development

q       Mr Selwyn Jehoma - Department of Social Development

q       Mr Tertius Geldenhuys – Assistant Commissioner; SAPS

 

7.2.9 Briefing date: 15 February 2005

 

Meeting agenda: Presentation by Department of Social Development on clauses and issues that must be moved from Section 76 of the Children’s Bill [B70-2003] (composite bill) to the Section 75 Children’s Bill [B70-2003- Reintroduced

 

The following officials were in attendance:

q       Mr Otto Kellner – State Law Advisers Office

q       Mr E Kritzinje – Home Affairs

q       Mr J Coetzee – Correctional Services

q       Ms Susan Pienaar – South African Police Services

q       Ms Antoinette Brink - South African Police Services

q       Anne-Marie Van Zyl – Department of Labour

q       Mr Silas IM Nawa – Department of Education

q       Elroy Machelm – Legal Aid Board

q       Mrs Lana Petersen – Parliamentary Officer – Dept of Social Development.

q       Dr M Mabetoa – Chief Director, Dept of Social Development

q       Freddie Engelbrecht – Department of Correctional Services

q       Ntombizodwa K Chiloane – South African Police Services

q       Mr Tertius GeLdenhys – Assistant Commissioner – South African Police Services

q       Mrs Antoinette Brink – Senior Legal Administration Officer – SAPS

q       Mr Z Matebese – National House Of Traditional Leaders

q       KS Mogotsi – Department of Home Affairs

 

7.2.10 Briefing date: 16 February 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced – going through the Bill clause-by-clause starting from Chapter 2.

 

The following officials were in attendance:

q       Mr Pierre du Preez – Department of Social Development

q       Mrs Agnes Muller – Department of Social Development

q       Mrs Ngcobo-Mbere - Department of Social Development

q       Mrs Lana Petersen – Parliamentary Officer – Dept of Social Development.

q       Dr M Mabetoa – Chief Director, Dept of Social Development

q       Mr Otto Kellner – State Law Advisers’ Office

 

7.2.11 Briefing date: 18 February 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced – going through the Bill clause-by-clause starting from clause 12.

 

The following officials were in attendance:

q       Mr Pierre du Preez – Department of Social Development

q       Mrs Agnes Muller – Department of Social Development

q       Mrs Ngcobo-Mbere - Department of Social Development

q       Mr Otto Kellner – State Law Advisers’ Office

 

7.2.12 Briefing date: 22 February 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced – going through the Bill clause-by-clause starting from clause 30.

 

The following officials were in attendance:

q       Mr Pierre du Preez – Department of Social Development

q       Mrs Agnes Muller – Department of Social Development

q       Mrs Ngcobo-Mbere - Department of Social Development

q       Mr Otto Kellner – State Law Advisers’ Office

q       Mr Daniel Plaatjies – National Treasury

q       Mrs Ronel Van Zyl – South African Law Reform Commission

q       Ms Lowesa Stuurman - South African Law Reform Commission

 

7.2.13 Briefing date: 25 February 2005

 

Meeting agenda: Deliberation on the Children’s Bill [B70-2003] Reintroduced – going through the Bill clause-by-clause starting from clause 239 – facilitated by Ms Lowesa Stuurman and Mrs Ngcobo-Mbere.

q       Mrs Ngcobo-Mbere - Department of Social Development

q       Mr Otto Kellner – State Law Advisers’ Office

q       Ms Lowesa Stuurman - South African Law Reform Commission

 

7.2.14 Briefing date: 01 March 2005

 

Meeting agenda: Department of Social Development’s Budget overview – facilitated by the Department’s Director-General, Mr Vusi Madonsela and the Department’s Chief Financial Officer, Mr C Pakade.

The following officials were in attendance:

q     Mr A Adendorff – Senior Manager, Office of the Auditor-General

q     Mr F Makiwane – Department of Social Development

q     Mr V Madonsela – Director-General, Department of Social Development

q     Mr C Pakade – Chief Financial Officer, Department of Social Development

 

7.2.15 Briefing date: 02 March 2005

 

Meeting agenda: Budget overview for the 2005/06 financial – Briefing by the Department of Social Development – continuation.

 

The following officials were in attendance:

q     Mr Leon Swartz - Department of Social Development

q     Mrs Nomathemba Kela - Department of Social Development

q     Ms Malegu Ogewekga - Department of Social Development

q     Mrs Lana Petersen - Department of Social Development

q     Me Selwyn Jehoma - Department of Social Development

q     Ms Vuyelwa Nhlapho - Department of Social Development

q     Mr Coceko Pakade – Chief Financial Officer, Department of Social Development

 

7.2.16 Briefing date: 08 March 2005

 

Meeting agenda: Budget overview for the 2005/06 financial – Briefing by the Disaster Relief Fund.

 

The following officials were in attendance:

q       Dr Lulama Makhubela – Director: Research and Development – National Development Agency.

q       Mr Moitswadi Mofokeng – Chief Financial Officer - National Development Agency.

q       Mr Khulu Mbongo – Stakeholder Manager: National Development Agency.

q       Ms Bridget Masango – Director: Marketing and Communications - National Development Agency.

q       Mr Dave Willcox – Company Secretary - National Development Agency.

q       Mr Reuben Mogano – Director: Projects Management

q       Pastor Mzanempi Nhlapho – Chairperson: Disaster Relief Fund Board

q       Mr RJ Molife – Director, Department of Social Development

q       Mr Jimmy Kekana – Assistant Director, Department of Social Development

 

7.2.17 Briefing date: 09 March 2005

 

Meeting agenda: Budget overview for the 2005/06 financial – Briefing by the South African Council for Social Service Professions (SACSSP) and the Central Drug Authority.

 

The following officials were in attendance:

q       Dr J Lombard – CEO: SACSSP

q       Mrs Boitumelo Setlalentoa – President: SACSSP

q       Ms Evodia Mabuza-Mokoko – Deputy-Director: SACSSP

q       Ms Connie Nxumalo – Department of Social Development

q       Prof S Rataemane – Chairperson: Central Drug Authority

 

7.2.18 Briefing date: 15 March 2005

 

Meeting agenda: Briefing by the Department of Justice and Constitutional Development on the Courts Chapter in the Children’s Bill [B70-2003]

 

The following officials were in attendance:

q       Mrs Corlia Kok – Deputy Director, Child and Family Law: Department of Justice and Constitutional Development

q       Mrs Pat Moodley – Acting Director, Family Law: Department of Justice and Constitutional Development

q       Mr PA du Rand – Chief Director, Court Services: Department of Justice and Constitutional Development

q       Mrs Ayesha Johaar – Senior State Law Advisor

q       Mr Otto Kellner - Principal State Law Advisor

q       Mr S Ebrahim – Senior Family Advocate, W, Cape

q       Mrs Lana Petersen – Department of Social Development

q       Dr Maria Mabetoa - Department of Social Development

q       Mrs Agnes Muller - Department of Social Development

q       Mr Pierre du Preez - Department of Social Development.

 

7.2.19 Briefing date: 16 March 2005

 

Meeting agenda: Briefing by the Master’s Office on issues related to the Children’s Bill [B70-2003 – facilitated by the Acting Chief Master, Mr Baloyi.

 

The following officials were in attendance:

q       Mr JS Baloyi - by the Acting Chief Master: Department of Justice and Constitutional Development

q       Ms Petunia Seabi – Chief Family Advocate: Department of Justice and Constitutional Development

q       Mrs Pat Moodley – Acting Director, Family Law: Department of Justice and Constitutional Development

q       Mrs Ayesha Johaar – Senior State Law Advisor

q       Mr S Ebrahim – Senior Family Advocate, W, Cape

q       Dr Maria Mabetoa - Department of Social Development

 

7.2.20 Briefing date: 06 April 2005

 

Meeting agenda: Deliberation on the Children’s Bill [B70-2003] Reintroduced – going through the Bill clause-by-clause starting from clause 254 to 272, in Chapter 17 – facilitated by Mrs Ronel van Zyl.

 

The following officials were in attendance:

q       Mrs Ayesha Johaar – Senior State Law Advisor

q       Mr Otto Kellner - Principal State Law Advisor

q       Mrs Lana Petersen – Department of Social Development

q       Dr Maria Mabetoa - Department of Social Development

q       Mr Pierre du Preez - Department of Social Development.

q       Kinsey Rasebitse - Department of Social Development.

q       Ms Rose Mnisi - Department of Social Development.

q       Ms Frances Viviers - Department of Social Development.

q       Mr Brian Heber - Department of Social Development.

 

7.2.21 Briefing date: 08 April 2005

 

Meeting agenda: Deliberation on the Children’s Bill [B70-2003] Reintroduced – going through the Bill clause-by-clause starting from clause 273 to 296, in Chapter 18 – facilitated by Mrs Ronel van Zyl.

 

The following officials were in attendance:

q       Mrs Ayesha Johaar – Senior State Law Advisor

q       Mr Otto Kellner - Principal State Law Advisor

q       Dr Maria Mabetoa - Department of Social Development

q       Kinsey Rasebitse - Department of Social Development.

q       Ms Rose Mnisi - Department of Social Development.

q       Ms Frances Viviers - Department of Social Development.

 

7.2.22 Briefing date: 12 April 2005

 

Meeting agenda: Policy Workshop on unclear policy issues related to the Children’s Bill [B70-2003] Reintroduced – Day One

 

7.2.23 Briefing date: 13 April 2005

 

Meeting agenda: Policy Workshop on unclear policy issues related to the Children’s Bill [B70-2003] Reintroduced – Day Two

 

7.2.24 Briefing date: 17 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – Deliberating on the forwarded draft amendments – focussing on Chapter 1 starting from clause 2 onwards.

 

The following officials were in attendance:

q       Dr M Mabetoa – Department of Social Development

q       Mr P Du Preez – Department of Social Development

q       Mrs M Ngcobo-Mbere - Department of Social Development

q       Ms P Moodley - Department of Justice and Constitutional Development

q       Mrs R van Zyl – South African Law Reform Commission

q       Ms Lowesa Stuurman - South African Law Reform Commission

q       Mrs A Muller - Department of Social Development

q       Ms P Naicker - Department of Social Development

q       Mrs U Mguye - Department of Social Development

q       Ms A Johaar – State Law Advisor’s Office

 

7.2.25 Briefing date: 18 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – Deliberating on the forwarded draft amendments – focussing on the revised Chapter 3 of the Bill.

 

The following officials were in attendance:

q     Dr M Mabetoa – Department of Social Development

q     Mr P Du Preez – Department of Social Development

q     Mrs M Ngcobo-Mbere - Department of Social Development

q     Ms P Moodley - Department of Justice and Constitutional Development

q     Mrs R van Zyl – South African Law Reform Commission

q     Ms Lowesa Stuurman - South African Law Reform Commission

q     Mrs A Muller - Department of Social Development

q     Ms P Naicker - Department of Social Development

q     Mrs U Mguye - Department of Social Development

q     Ms A Johaar – State Law Advisor’s Office

q     Ms Matlhogonolo Sebopela - Department of Social Development

 

7.2.26 Briefing date: 20 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – Deliberating on trafficking in children in chapter 18 including the definitions.

 

The following officials were in attendance:

q       Dr M Mabetoa – Department of Social Development

q       Mr P Du Preez – Department of Social Development

q       Mrs R van Zyl – South African Law Reform Commission

q       Ms Lowesa Stuurman - South African Law Reform Commission

q       Ms A Johaar – State Law Advisor’s Office

q       Mrs Lana Petersen - Department of Social Development

q       Ms Matlhogonolo Sebopela - Department of Social Development

 

7.2.27 Briefing date: 23 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – Deliberating on the proposed amendments to chapter 5 facilitated by the Department of Justice and Constitutional Development.

 

The following officials were in attendance:

q       Mrs KB Shabalala - Department of Justice and Constitutional Development

q       Mr Rob Skhosana - Department of Justice and Constitutional Development.

q       Mrs Corlia Kok - Department of Justice and Constitutional Development

q       Dr M Mabetoa – Department of Social Development

q       Mr P Du Preez – Department of Social Development

q       Mrs M Ngcobo-Mbere - Department of Social Development.

q       Ms P Moodley - Department of Justice and Constitutional Development

q       Mrs R van Zyl – South African Law Reform Commission

q       Ms Lowesa Stuurman - South African Law Reform Commission

q       Mrs A Muller - Department of Social Development

q       Mrs U Mguye - Department of Social Development

q       Ms A Johaar – State Law Advisor’s Office

q       Mr Otto Kellner - State Law Advisor’s Office

 

7.2.28 Briefing date: 24 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced - Deliberation on the proposed draft amendments, starting from Clause 124.

 

The following officials were in attendance:

q       Mrs L Petersen, PA – Department of Social Development

q       Mrs U Mguye, Deputy Director, Social Security - Department of Social Development

q       Mrs MV Ngcobo-Mbere, Director, Children - Department of Social Development

q       Mrs A Muller, Deputy Director, Children - Department of Social Development

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

 

7.2.29 Briefing date: 26 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced – deliberations on the proposed amendments forwarded by the Department of Social Development, starting from clause 249.

 

The following officials were in attendance:

q       Mrs L Petersen, PA – Department of Social Development

q       Mrs A Muller, Deputy Director, Children - Department of Social Development

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

q       Mrs U Mguye, Deputy Director, Social Security - Department of Social Development

q       Pierre du Preez, Legal Officer - Department of Social Development

 

7.2.30 Briefing date: 27 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – the Department of Justice and Constitutional Development’s response to reviewed aspects of chapter of the Children’s Bill [B70-2003] Reintroduced and Deliberation by the committee on the proposed draft amendments, starting from Clause 254.

 

The following officials were in attendance:

q       Mrs A Muller, Deputy Director, Children - Department of Social Development

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

 

7.2.31 Briefing date:  31 May 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced to be preluded by a report back by the Department of Justice on issues pertaining to chapter 5 of the Bill.

 

The following persons were in attendance:

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Ms L Stuurman, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

q       Mr Pierre Du Preez, legal Advisor – Department of Social Development

 

The following State Law Advisor/s was/ere present:

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

 

7.2.32 Briefing date: 01 June 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] reintroduced – deliberations on the amended Children’s Bill – with input from Minister Z Skweyiya and Deputy Minister J De Lange on Chapter 5 of the Children’s Bill.  

 

7.2.33 Briefing date: 10 June 2005

 

Meeting agenda: Consideration of the Children’s Bill [B70-2003] Reintroduced – deliberating on the amended Bill.

 

The following persons from the Department of Social Development were in attendance:

q       Mrs MV Ngcobo-Mbere, Director, Children - Department of Social Development

q       Mrs A Muller, Deputy Director, Children - Department of Social Development

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

q       Mr Pierre Du Preez, legal Advisor – Department of Social Development

 

The following State Law Advisor/s was/ere present:

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

 

7.2.34 Briefing date: 14 June 2005

 

Meeting agenda: Completion of the final consideration of the Children’s Bill [B70-2003] reintroduced   process – starting from Chapter 16 of the draft amended Bill.

 

The following persons from the Department of Social Development were in attendance:

q       Mrs R van Zyl, Researcher- South African Law Reform Commission

q       Ms L Stuurman, Researcher- South African Law Reform Commission

q       Dr M Mabetoa, Chief Director, Children - Department of Social Development

q       Mr Pierre Du Preez, legal Advisor – Department of Social Development

q       Deputy Minister J de Lange - Department of Justice and Constitutional Development.

q       Mrs Ayesha Johaar – Senior State Law Advisor, State Law Advisor’s Office.

 

The following State Law Advisor/s was/ere present:

q       Mrs A Johaar, Senior State Law Advisor – Chief State Law Advisers’ Office

 

7.2.35 Briefing date: 24 August 2005

 

Meeting agenda: Briefing by the Department of Social Development on the Central Drug Authority.

 

The following officials were in attendance:

q       Miss Connie Nxumalo – Director: Substance abuse and CDA, Department of Social Development

q       Ms Evodia Mkoko – Deputy-Director: CDA

q       Mr Jonathan Marwala – Assistant-Director: CDA, Department of Social Development

 

7.2.36 Briefing date: 26 August 2005

 

Meeting agenda: Briefing by the Department of Social Development on the Older Persons Bill [B68B-2003]

 

Officials in attendance:

q       Mrs Thuli Mahlangu – Department of Social Development

q       Mr Pierre du Preez - Department of Social Development

 

7.2.37 Briefing date: 07 September 2005

 

Meeting agenda: Joint briefing facilitated by the Department of Social Development and the South African Social Security Agency (SASSA) on:

SASSA

q       Reporting mechanism of SASSA to Parliament

q       SASSA’s business plan as well as on progress made and challenges currently experienced with regard to its rollout plan and its general transitional arrangements, update on the HR issues, namely the transfer of staff and assets.

Department of Social Development

q       On progress made with regard to the finalisation of regulations and amendments to the Social Assistance Act; new definition of disability grant etc.

q       The structured reporting line, if any exists, between our committee and your department with regard to the South African Social Security Agency (SASSA) and the frequency of that reporting.

q       Shed more light on what it is doing to facilitate the smooth establishment of SASSA.

The officials in attendance:

q       Mr Hlubi Radebe – South African Social Security Agency

q       Mr Fezile Makiwane - South African Social Security Agency

q       Mr Vusi Madonsela – Department of Social Development

q       Mr Panyaza Lesufi - South African Social Security Agency

q       Ms Maloka – Department of Social Development

q       Mrs Lulu Pemba - Department of Social Development  

 

7.2.38 Briefing date: 09 September 2005

 

Meeting agenda: Briefing by the Department of Social Development on the issues raised during Public Hearings on the Older Persons Bill [B68B-2003] held on 30-31 August 2005.

 

The officials in attendance:

q       Mrs Thuli Mahlangu, Director: Older Persons – Department of Social Development

q       Mr Pierre du Preez, Legal Advisor - Department of Social Development

q       Mrs MV Ngcobo-Mbere, Director, Children - Department of Social Development

q       Mrs A Muller, Deputy Director, Children - Department of Social Development

q       Mr Gideon Hoon, Principal State Law Advisor – Chief State Law Advisers’ Office

 

7.2.39. Briefing date: 12 October 2005

 

Meeting agenda: Briefing by the Department of Social Development on the redraft version of the Older Persons Bill [B68B-2003] as resolved in the 09 September 2005 committee meeting.

 

The officials in attendance:

q       Ms Nomathemba Kela, Chief Director, Social Welfare and Transformation

q       Mrs Thuli Mahlangu, Director: Older Persons – Department of Social Development

q       Mr Pierre du Preez, Legal Advisor - Department of Social Development

q       Mr Gideon Hoon, Principal State Law Adviser - Office of the Chief State Law Advisor

q       Mrs Lana Petersen, Parliamentary Officer – Ministry: Social Development

 

7.2.40 Briefing date: 19 October 2005

Meeting agenda: Hearings on the Dept’s Annual Reports (2005)

q       Briefing by the Department of Social Development on its Annual Report for 2005

q       Briefing by the South African Social Service Professional Council on its Annual Report for 2005

q       Briefing by the Central Drug Authority on its Annual Report for 2005

q       Briefing by the South African Social Security Agency on its Annual Report for 2005

 

7.2.41 Briefing date: 04 November 2005

 

Meeting agenda: Briefing by the Department of Social Development on the redraft version of the Older Persons Bill [B68B-2003].

 

The following officials were in attendance:

q       Ms Nomathemba Kela, Chief Director, Social Welfare and Transformation

q       Mrs Lulu Pemba, Director: Legal Services – Department of Social Development

q       Ms Vuyelwa Nhlapho, Deputy Director-General - Department of Social Development

q       Ms Isa Sikawana – Department of Social Development

q       Mrs Lana Petersen, Parliamentary Officer – Ministry: Social Development

 

7.2.42 Briefing date: 09 November 2005

 

Meeting agenda: Consideration of the Public Hearings Report on the Older Persons Bill [B68B-2003]

 

7.2.43 Briefing date: 16 November 2005

 

Meeting agenda: Presentation by the Department of Social Development on the draft proposed amendments to the Older Persons Bill [B68B-2003]

 

8. PUBLIC HEARINGS

 

8.1 Public Hearings on the Older Persons Bill [B68B-2003]

 

8.1.2 Dates: 30-31 August 2005

 

8.1.3 Institutions that sent submissions:

q       Cape Jewish Seniors Association (CJSA)

q       Ikamva Labantu

q       Highlands House (The Cape Jewish Aged Home)

q       Grandmothers Against Poverty and Aids

q       Kerklike Maatskaplike Dienste Raad (KMDR)

q       Church Council For Social Services

q       Action on Elder Abuse South Africa (AEASA)

q       SA Human Rights Commission

q       NG Ministry of Caring

q       NAWONGO

q       A branch of NG Welfare, North West

q       Pretoria Council for the Care of the Aged

q       Alzheimer’s South Africa

q       Women’s Legal Centre

q       Department of Health - CT

q       The Black Sash

q       Joint Forum for Policy on Ageing

q       RAPCAN

q       Southern African Catholic Bishops Conference

q       Alliance for Children’s Entitlement to Social Security

q       Law Society of South Africa

q       South African Council of Churches

q       Media Monitoring Project

q       Commission on Gender Equality

q       Action on Elder Abuse SA

q       South African Association of Homes for the Aged

q       The Body Corporate of La Belle Vie

 

8.1.4 Individuals that sent submissions:

q       Elizabeth M Xaba

q       M.D.S Motshumi

q       Thandiwe Joyce Mbongo

q       Lucas Mangala

q       Raliphi Master Push Xolelizwe

q       HJJ Laubscher

q       Peter Laubscher

q       Mr FE Warner

 

8.1.5 Adoption: Yes, on 09 November 2005

 

8.1.6 Report publication – 22 November 2005

 

8.1.7 Debate in the House – not yet.

 

8.2 Hearings on the Annual Reports of the Department of Social Development and the entities reporting to it.

 

8.2.1 Date: 19 October 2005

 

8.2.2 Institutions that made presentations:

q       Department of Social Development

q       National Development Agency

q       South African Social Service Professional Council

q       Central Drug Authority

q       South African Social Security Agency

 

8.2.3 Adoption – not yet

 

8.2.4 Report publication – not yet.

 

8.2.5 Debate in the House – No

 

9. Papers (International Agreements, Protocols, Reports etc) referred to the Committee: indicate the following: -

 

9.1 Report on the submission of the annual reports by the Department of Social Development and the National Development Agency.

 

9.2 Referral date: 31 September 2005

 

10.  Oversight (Local) visits

 

10.1 Oversight trip to North West province

 

10.1.1 Objectives of the trip

 

q       Look at the delivery systems within the context of social security.

q       Interact with stakeholders and service providers active within the purview of social security delivery.

q       Interact with social development officials with the ultimate view of ascertaining their level of awareness regarding the broader social security changes as well as the pending transfer of some of the staff from the Department of Social Development to the South African Social Security Agency.

q       Visit different paypoints in order to look at changes and challenging areas that needed urgent intervention.

 

10.1.2      Dates: 01-05 August 2005

 

10.1.3      Delegation

 

NAME

POLITICAL PARTY

Direko, Ms W

ANC (delegation leader)

Makasi, Ms XC

ANC

Masutha, Mr TM

ANC

Nzimande, Mr LPM

ANC

Weber, Ms H

DA

Mars, Ms I

IFP

Godi, Mr T

PAC

Rajbally, Ms S

MF

 

10.1.4      Adoption of the oversight trip report – The report is ready and is awaiting delegates’ input. It is thus not adopted.

 

10. International Visits:

Our Committee has undertaken no international trip this year.

 

11. Budget Vote

 

11.1 Budget Vote 18

 

11.2 Referral Date: 02 March 2005

11.3 Briefing by the Department on Budget Vote 18: 16 March 2005

11.4 Public Hearings: There were no public hearings owing to time constraints.

11.5 Date of report publication: 29 March 2005

11.6 Debate in the House – NA – 05 April 2005; NCOP – 26 May 2005.

 

12. Annual reports of the Executive

 

12.1   Referral date: 30 September 2005

12.2   Date of the briefing by department: 19 October 2005

12.3 Public Hearings: There were no public hearings held.

12.4 Date of the report publication: The report is not yet adopted.

 

13. Other committee activities (briefings on other issues, workshops, conferences)

 

13.1 Workshop

The Portfolio Committee on Social Development held a two-day workshop on 12 and 13 April 2005 in order to seek clarity on certain policy issues related to the Children’s Bill [B70 – 2003 (Reintroduced)]. The workshop was held at the Cape Town International Convention Centre, and was attended by Members of Parliament, representatives of civil society organizations, child protection practitioners, academics, legal advisors and officials from the Department of Social Development.

 

13.1.1      Date: 12 and 13 April 2005

13.1.2      Agenda: To seek clarity on certain policy issues related to the Children’s Bill [B70 – 2003 (Reintroduced)].

 

13.1.3      Presenters:

q       Ms Paula Proudlock, Children’s Bill Working Group (CBWG

q       Advocate Anne Skelton, Centre for Child Law, University of the Witwatersrand

q       Mr Hendrik van der Merwe, Office of the Master of the High Court

q       Ms Suraya Williams - Commission on Gender Equality (CGE)

q       Ms Linda Mngomezulu, South African National Civic Organisation (SANCO)

q       Carol Bower, RAPCAN

q       Dr Moses Thindisa, Doctors for Life

q       Dr Eva Seobi, Doctors for Life

q       Dr Janet Giddy, Director of HIV Programmes at McCord’s Hospital, KwaZulu-Natal

q       Jackie Lofell – Johannesburg Child Welfare Society

q       Professor Julia Sloth-Nielsen – University of the Western Cape

q       Mr July Nkutha – Disabled Children’s Action Group

q       Jody Kollapen, Chairperson of the South African Human Rights Commission (SAHRC).

q       Denni Leppan – Commissioner Wynberg Children’s Court

q       Zeni Thumbadoo – National Association of Child Care Workers.

q       Prof Himonga, UCT

 

13.1.4      Resolutions:             

At the end of the proceedings, it was felt that the Committee could not spend much more time debating policy issues, and that the next step would be for the Department’s legal drafters to provide the Committee with alternative drafts of those clauses that had been identified for further refinement. These drafts would be considered when the Committee next met after the recess.

 

14. Budget of the committee

 

14.1   How much was allocated to the committee: R534.280.00

14.1.1       Expenditure: R265, 842.29

q       Catering – R38, 422.76              

q       Provincial Visits – R157, 904.00             

q       Overseas Trips - None               

q       Public Hearings Advert – R40, 016.900

q       Transfer to staff travel – R29, 500.00      

 

14.1.2      Balance: R268.437.11

 

15. Outstanding matters

 

q       Consideration and adoption of the Hearings Report on the Annual Reports of the Department of Social Development and entities reporting to it.

q       Consideration and adoption of the Committee’s Annual Report.

q       Consideration and adoption of the North West oversight visit report.

 

 

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