CONSTITUTIONAL MANDATES:
- The Constitution of the Republic of South Africa, 108 of 1996. Chapter 10, 195(1)(a-i).
- Section 29(1)(c) provides for the right of access to appropriate Social Assistance to those
unable to support themselves and their dependents.
- Section 9.3 of the Constitution indicates that "the state may not unfairly discriminate directly or indirectly against anyone on one or more grounds,
including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience,
belief, culture, language and birth."
- The norms and standards give guidance as to how the services should be rendered and by whom.
They also give an indication of the disparity in allocation of resources in terms of funding and human capacity.
LEGISLATIVE MANDATES:
•The Constitution of the Republic of South Africa no. 108 of 1996
•The Northern Cape Provincial Growth and Development Strategy (PGDS ) (2004 – 2014)
•Government’s Program of Action [Social Cluster]
•Advisory Board on Social Development Act 3 of 2001
•Service Delivery Model for Developmental Social Welfare Services
•White Paper for Social Welfare Act of 1997
•Social Assistance Act of 2004
•Social Services Professions Act, 1978 ( No. 110 of 1978) - formerly known as the Social Work Act.
The Act provides for the establishment of the South African Council for Social Work and defines its powers and functions.
It also makes provision to establish the South African Council for Social Service Profession and Professional boards for social service profession.
•Public Finance Management Act 01 of 1999
•Division of Revenue Act no 01 of 2005
•Fund-raising Act, 1978
The Fund-raising Act 1978 provides for the control of the collection of contributions from the public and for the establishment of various relief funds.
•The Expanded Public Works Program (phase 3)
•Reconstruction and Development Programme (RDP)
•Growth Employment and Redistribution (GEAR)
•Skills Development Act of 1998
•Non Profit Organization Act no 71 of 1997
This Act repealed the Fund-raising Act, 1997. The Act also established an administrative and regulatory framework within which Non-Profit Organizations can conduct their affairs.
•Child Care Act, 1983
The Child Care Act is the primary statute for the protection of children.
•Children's Act, no 38 of 2005
The Act makes provisions for the rights and responsibilities of children and parents and protection of children and the promotion of their wellbeing.
•Maintenance Act, 99 of 1998
•Orphans and Vulnerable Children Policy Framework, 2006
•Guidelines on the Services to Children Infected and Affected by HIV and AIDS
•Film and Publications Act, 1996
The Act prohibits the production, possession, import and distribution of pornographic material depicting children who are under the age of 18 or are depicted to be under the age of 18 years, and provides for the protection of children from exposure to pornographic material.
•Choice on Termination of Pregnancy Act, 1996
This Act legalizes abortion up to 12 weeks of gestation.
•South African Schools Act, 1996
South African Schools Act makes schooling compulsory for children between the ages of 17 and 15, or until they have completed grade nine. The Act stipulates that parents or guardians who do not ensure that their children are at school, and any other person keeping a child who is subject to compulsory schooling out of school, for example because the child must work, commit an offence in terms of the Act.
•Prevention of Family Violence Act, 1993
This Act requires that any person in a position of responsibility for a child to report any reasonable suspicion that the child has been abused to a police official, commissioner of child welfare or a social worker in a designated organization.
•Domestic Violence Act 116, 1998
The Act makes it possible for a court to exclude a known or alleged perpetrator of domestic violence from a child’s home or restrict other forms of access by him/her.
The National department is participating in the development of an integrated manual on the Domestic Violence Act, which will be used to jointly train social workers, the police and court personnel.
•The National Strategic Plan on STI,TB and HIV and AIDS: 2007-2011
•Prevention and Treatment of Drug Dependency Act 20 of 1992
This Act provides for the establishment of programmes for the prevention and treatment of drug dependency , the establishment of treatment centres and hostels, the registration of institutions as treatment centres and hostels and the committal of certain persons to their detention, treatment and training in such treatment centres.
•Mental Health Care Act of 17 0f 2002
The Act makes provision for the protection and care of mentally challenge persons.
•Aged Persons Act, 1967 ( No. 81 0f 1967)
This Act provides for the care and protection of certain aged and debilitated persons, for the care of their interests, for the establishment and registration of certain institutions and for the accommodation and care of aged persons in institutions as well as the establishment of management committees for homes for the aged and to regulate the prevention of the abuse of aged persons.
•Older Persons Act of 2006
Strives towards the protection and promotion of the status, well being, safety and security of older persons. To maintain and protect the rights of older persons and by shifting the emphasis from the institutional care to community based care and support in order to ensure that older persons remain in the communities as long as they can.
•The Aged Persons Amendment Act, No 100 of 1998
To provide for conditions regarding subsidies to managers of registered homes, to monitor compliance with conditions of registration of homes, establishment of management committees, and accessibility of homes, reporting on abuse of older persons.
•Declaration on the Rights of Disabled Persons - 1976
In Resolution 3, 82 of 13 December 1976, the General Assembly recommended that “all member states should take account of the rights and principles laid down in the Declaration on the rights of Disabled Persons in establishing their policies, plans and programs and that all international organizations and agencies concerned should include in their programs, provisions ensuring the effective implementation of those rights and principles.
•Criminal Procedure Act, 1997
The Act governs the judicial processes and procedures associated with all crimes and including those against children.
•Probation Services Act ,1991(No.116 of 1991) as amended - This Act provides for the establishment and implementation of programmes aimed
at combating crime and for the rendering of assistance to and treatment of certain persons involved in crime.
•Criminal Procedures Act, 1977 (No. 51 of 1977) - (Makes provision for Probation Officers reports in terms of the different sentencing options.)
•The Correctional Services Act 8/59- Section 29 (Deals with detention of young people in Correctional Facilities.)
•United Nations Declaration of Basic Principle of Justice for Victims of Crime and Abuse of Power.
•UN Convention on the rights of persons with disabilities
It reafirms that all persons with disabilities must enjoy all human rights and fundamental freedoms on an equal basis with others.
•Beijing Platform of Action for Women
•Copenhagen Convention
•International Convention on Population Development
POLICY MANDATES:
- Policy on Families
The Purpose of the National Family Policy is to strengthen and support families in performing their societal and development functions and to
guide stakeholders to ensure integrated and comprehensive service delivery availability of resources.
- White Paper for Social Welfare Services, 1997
The White Paper aims to promote sustainable human development and quality of life for all South Africans through the integration of population
issues into development planning in all spheres of government and in all sectors of society. The policy mandates the Department of Social Development
to monitor the implementation of the policy and its impact on population trends and dynamics in the context of sustainable human developement.
- Intergarted Victim Empowerment Policy
Makes provision for establishment of victim empowerment centres and an intergated network on victim empowerment.
- Intergarted National Disability Strategy
The white paper on an Intergarted National Disability Strategy calls for the establishment and implematation of a range of services to enable people
with disabilities and parents of disabled children to acces serivces that will enhance their ability to live independently.
It also makes provision for Activity Centres and residential care services.
- Policy on Financial Awards to Service Providers
The policy is aimed at the stransformation and streamlining of sociial welfare services provided by civil society organizations funded by the department.
The policy provides guidlines for the delivery of effcient and effective services and ensure the accountability of service providers to the department
and the community.
- Integrated Service Delivery Model
The Integrated Service Delivery Model provide a national framwork that clearly determines the nature, scope, extent and level of work that constitutes
the service delivery model for developemental social services, and basis for determining appropriate norms and standards for service delivery, which
will in turn provide a basis for funding and greater efficency and effectiveness in service delivery.
- The National Drug Master Plan
The National Drug Master Plan sets out the National Policies and priorites in the campign against substance abuse.
- Policy on Social Relief
Makes provision for materialize assistance and counselling serivces to families and individuals in distress.
- Provincial Strategy for Transformation of Old Age Homes and services to Older Persons
Makes provision for resstucturing of services to older persons and expansion and strenghening of community based services.
- The Integrated Plan for HIV and AIDS
Makes provision for home and community based care programmes, coordinated programmes for children infected and affected by HIV & AIDS
and implementation of youth and gender programmes.
- Guidlines for Early Childhood Development Centres
Provides minimum norms and standards for Early Childhood Development centres (ECD's)
- National Integrated Plan for Early Childhood Development
Strives towards a more ralistic and integrated approch for Early Childhos Development services.
- Policy on the transformation of the Child and Youth Care System
Provide a framwork for developemental services to children and youth at risk.
- Interim National Protocol for the Management of Youth awaiting trial in residential care facilities
Provide guidlines for the management of youth awaiting trial in residential care facilities
