VIEWPOINT | Older Persons Amendment Bill: will it expand protections?  

The Older Persons Amendment Bill, currently in the draft phase, is expected to strengthen the protection and prevention of abuse of older persons. However, the Amendment Bill is controversial and a lack of implementation mechanisms could mean its good intentions are not realised. Femada Shamam, Chief Executive Officer of The Association for the Aged (Tafta), explains. 

Older people attract exploitation and abuse due to their physical and financial vulnerability. How widespread is this abuse and how is it typically dealt with?  

Older people are society’s most vulnerable members, which make them easy targets for all kinds of abuse, including financial, sexual, emotional and physical abuse. Since the launch of our national toll-free elder abuse helpline in November 2022, Tafta has received a total of more than 2 000 calls from all nine provinces. This issue demands not only greater awareness but also more comprehensive support systems, stronger protective legislation and a societal shift in how we perceive and value our elders. The fight against elder abuse is not just a battle for justice – it is a fight for dignity, respect and the right to age safely in a society that cares. 

What were the initial aims of the Older Persons Act 13 of 2006 and to what extent has it achieved them?  

The Older Persons Act was introduced to empower and protect older persons, providing a legal framework to uphold their status, rights, wellbeing and security. Though the Act aligns with key international guidelines such as the Madrid International Plan of Action on Ageing of 2002 and the African Union’s 2002 Policy Framework and Plan of Action on Ageing, its implementation has fallen short. Challenges such as inadequate resource allocation, poor interdepartmental coordination, and a lack of knowledge and human capacity have hindered its full potential. 

What are the key provisions of the Amendment Bill? 

The Amendment Bill has made significant strides, incorporating crucial changes to enhance the protection and wellbeing of older persons. The National Council of Provinces reviewed the Bill before the conclusion of the sixth administration’s term. It now awaits final ratification by the seventh administration. Key changes include: 

• Redefinitions and new definitions: Updated terminology to ensure clarity and precision in the law’s application 
• Strengthening intersectoral collaboration: Improved coordination across sectors to provide comprehensive services 
• Rights and responsibilities: Strengthened alignment of older persons’ rights with their responsibilities, incorporating the Protocol to the African Charter on Human and People’s Rights of Older Persons in Africa 
• Registration provisions: Enhanced registration requirements for community-based care and support services, and residential facilities 
• Monitoring and evaluation: Improved processes for assessing services provided to older persons 
• Protection provisions: Strengthened protections, including during court proceedings, emergency removal to safe locations without a court order, protections for older persons with disabilities, and better reporting and investigation of elder abuse cases. 

How do NPOs currently help to ensure the protection of older people and what are the greatest challenges they face?  

NPOs play a crucial role in ensuring the protection and wellbeing of older people through a comprehensive range of services across the care continuum. NPOs are deeply involved in advocacy and lobbying efforts to safeguard the rights of older individuals, ensuring that their dignity and respect are upheld. Practically, these organisations provide essential support through accommodation, home-based care, community outreach, counselling, meal provision and programme service points. There is now a strong focus on actively engaging older adults in designing and implementing programmes that are both relevant and impactful. Despite these efforts, NPOs face significant challenges: financial resources can be limited and NPOs often lack access to affordable municipal services and infrastructure maintenance. 

How can business help support our senior citizens?  

It makes sound business sense to consider the dynamics of ageing and how they impact your operations and long-term sustainability. Tackling ageism within the workplace is the starting point. The way we think, feel and act towards ageing can either enable or hinder our ability to offer meaningful support. Businesses can allocate resources to supporting older people in their communities. This can be done by engaging with NPOs or service providers, or by integrating programmes for older people within business models. Initiatives such as mentorship and lifelong learning programmes can have a lasting impact. Traditionally, NPOs have shouldered the responsibility of supporting older persons in the community, but businesses can step in by supporting the caregivers who look after older persons. Simple acts, such as sponsoring a line item for a year, involving staff in a corporate social responsibility project, painting a home, or covering the cost of water or electricity, can have a profound effect. Investing in research and innovation within this sector is another pathway for meaningful engagement. On a practical level, Tafta supports over 5 500 people, with the cost of care amounting to R15.21 per day, R106.60 per week, or R456.43 per month. Business can adopt an older person or two, contributing to their care costs.