• Danielle Geldenhuys

Older Persons Amendment Bill 11 of 2022

Updated: May 10

Updated: 5 May 2022

The Older Persons Amendment Bill 11 of 2022 was introduced to the National Assembly on 3 May 2022. A copy is available at:

https://pmg.org.za/files/B11-2022_Older_Persons.pdf


The Bill and Explanatory Memorandum were published prior to its introduction to Parliament on 11 March 2022 under general notice number 1872 in government gazette number 46032. The gazette notice is available at: https://www.gov.za/sites/default/files/gcis_document/202203/46032gon1872.pdf


The long title of the Bill describes the purpose of the Bill as follows:

To amend the Older Persons Act, 2006, so as to insert new definitions; insert 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; to tighten up the existing implementation and compliance measures; to effect some textual amendments for greater clarity and to provide for matters connected therewith.”


According to the Explanatory Memorandum “the purpose for the Older Persons Amendment Bill, 2022 (“Bill”) is to ensure that older persons are provided with quality services and are afforded the necessary protection by society, including community-based and residential care facilities.”


Proposed amendments to section 1 of the Older Persons Act 13 of 2006


The Bill seeks to amend several definitions such as the substitution of the definition of “older person” to include “a person who is 60 years of age or older”. The Explanatory Memorandum provides the following reason for this proposal: “The proposed new definition ensures that all persons who are 60 years and older are equally entitled to the benefits and protection afforded to older persons in the

principal Act, irrespective of gender.


The following definitions are inserted by the Bill: assisted living facility; frail care facility; independent living facility; inter-departmental structure; private residential facility; stakeholder and temporary safe care.


The following definitions are substituted by the Bill: care; caregiver; Director-General; manager; older person; person; rehabilitation and residential facility.


Proposed insertions to Older Persons Act 13 of 2006


The Bill further proposes the insertion of the following new sections:


7A: Responsibilities of older person

7B: Protection of rights to property, inheritance and physical abuse of older person

18A: Deregistration, closing and revocation of registration of residential or community-based facilities

25A: Removal of older person to temporary safe care

25B: Older person with disability and chronic illness


Further amendment proposals to Older Persons Act 13 of 2006


The Bill seeks to amend sections 3, 4, 5, 7, 11,13, 14, 15, 17, 18, 25, 26, 28, 30,31,

33, 34 of the Older Persons Act 13 of 2006.


A copy of the Older Persons Act 13 of 2006 is available at: http://www.lawsofsouthafrica.up.ac.za/index.php/browse/pensions-and-social-welfare/older-persons-act-13-of-2006/act/13-of-2006-older-persons-act-2010-04-01-to-date-pdf/download


Date Posted: 16 March 2022


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