Call for Comments – Social Development Department to amend Older Persons Act

The Department of Social Development Minister Bathabile Dlamini has announced her intention to amend Older Persons Act 13 of 2006. Minister Dlamini said that amendments to the act would “cover all the gaps” identified during the course of its implementation. In a written response to questions posed in the national assembly, the minister said that – regarding residential facilities − the amendments would “clearly define” three categories in terms of registration, service provision and admission requirements. 

In respect of the amendments, a call for comments on proposed Older Persons Act amendments has been made.

Department of Social Development

The Department of Social Development published draft amendments to the act in Notice 426 in Government Gazette 40883. The amendments contained in the Draft Older Persons Amendment Bill include new definitions, new provisions relating to the monitoring and evaluation of all services to older persons and for the removal of older persons to a temporary safe care without a court order, the tightening up of existing implementation and compliance measures and textual amendments for greater clarity.

Inter alia, the act sets out requirements in respect of:

•    community-based care and support;
•    home-based care;
•    residential care;
•    the registration of service providers;
•    admission procedures and criteria for residential care;
•    monitoring and compliance; and
•    the alleged abuse of an older person and related procedures.

Those interested in submitting comments on the amendments should do so within 30 days from the date of publication of the notice. Comments must be submitted by 16:00 on 30 June 2017 and can be emailed to Ms Naomi Maloba at

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