Analysis of the Older Persons Amendment Bill 2022 Presentation

The presentation to the Portfolio Committee on the Older Persons Amendment Bill 2022 by Prof. Kitty Malherbe from the University of the Western Cape highlights commendable aspects of the Bill, concerns about clarity on the 'Caregiver' concept, and gaps in the text of the Bill. The analysis covers issues such as the lack of definitions, inclusion of stakeholders, and the need for progressive access provisions to align with the rights of older persons. Recommendations are provided to address these concerns.

• Amendment Bill
• Older Persons
• Presentation
• University of the Western Cape
• Stakeholders

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1. The Older Persons Amendment Bill, 2022 Presentation to Portfolio Committee 21 February 2024 Prof Kitty Malherbe University of the Western Cape

2. Overview Much to commend in Bill Main Concerns: Text of the Bill Gaps/missed opportunities Minor errors/typos

3. Concerns regarding the text of the Bill Lack of Clarity on 'Caregiver' Concept Restricted to qualified caregivers If so, references to training should refer to further training care-giver in some sections

4. Concerns regarding the text of the Bill (cont) Amended Section 3(2) of the OPA section 27 of the Constitution Inclusion of stakeholders to be welcomed How would priorities be measured? Creating defense if services to older persons not prioritized?

5. Concerns regarding the text of the Bill (cont) Heading of Section 7A Lack of Definitions of 'Family Care' and 'Special Care'

6. Definition of person and juristic personality as requirement Bill aims to bring about clarity - purpose of amendment of definition? Current OPA has broad definition of person bill defines person as a trust and for the purposes of the registration and operation of community-based care and support services, home-based care and residential facilities, means a juristic person or a trust only Which juristic persons ? Why limited to juristic persons or trusts? Advantages Disadvantages Text of OPA is interrelated having a definition of person that does not apply in many sections does not bring about clarity Recommendations

7. Gaps in the Bill Absence of Progressive Access Provision No direct reference to section 27 of the Constitution older persons rights to have access to social security and health care Yet, language of section 27 is adopted where it comes to limitation of services and care: reasonable measures and available resources Missed opportunity to bring OPA in line with section 27 progressive realization Address incorrect terminology: old age grant (section 25(5)(a) OPA)

8. Minor Errors and Discrepancies Assisted Living Facility Terminology

9. Recommendations Clarification on caregiver concept Clarity on resource allocation Rephrase heading of section 7A Reconsider definition of person' Define 'Family Care' and 'Special Care' Address lack of reference to section 27 of the BOR and progressive realisation provisions Address inconsistent terminology

10. Questions and comments? Floor open for questions and comments

11. Thank you! Contact details: Prof Kitty Malherbe Department of Mercantile and Labour Law, UWC kmalherbe@uwc.ac.za