Page 172 - Department of Social Development Annual Report 2021

PART C: GOVERNANCE

DATE OF PURPOSE OF RESOLUTIONS AND RECOMMENDATIONS
THE MEETING THE MEETING
02 DSD, NDA and The recommendations from the Committee regarding the BRRR includes:
September SASSA on progress • The Minister must ensure the DSD reports on its mandate and its role in the fight against
2020 with 2018/19 audit GBV;
findings; Covid-19 • The Minister must ensure DSD commissions an investigation into the state of
Update; with psychosocial services at the Thuthuzela Care Centres (TCCs);
Ministry • The Minister must ensure DSD employs people with disabilities exceeding the 2% (two
percent) government target;
• The Minister must ensure the portfolio of the DSD aligns it targets to its mandate in its
reimagination of social transformation; and
• The Minister must ensure DSD moves toward an evidence-based outcomes approach to
deliver on its mandate, and to strengthen its monitoring and evaluation measures.
• The Committee agreed with legal advice to implement the second option of DSD
approaching the North Gauteng High Court to request an extension on the current court
deadline of 26 November 2020, to submit a comprehensive legal solution for foster care
backlogs.
15 Social Assistance • The public had until 18 September 2020 to submit written comments.
September Amendment Bill: • The Committee to consider the public comments when drafting its negotiating mandate
2020 Children's on the Amendment Bill.
Commissioner PC requested future clarity on -
submission • when would the regulations be available as these often delayed the implementation of
a new Act;
• whether the right afforded to the Minister in the payment of the additional amount
might lead to discriminatory practices;
• the composition of the Tribunal;
• the appointment of tribunal members by the Minister;
• the newly proposed role of Parliament in this process;
• if people would be able to approach the Tribunal directly and without legal
representation;
• if the decision of the Tribunal would be final;
• the powers of the Inspectorate for Social Assistance;
• how its independence would be ensured;
• and if people could lodge complaints directly to it.

06 October Children’s • The Department’s specialist in legislative drafting and review presented Children’s
2020 Amendment Bill: Amendment Bill to the Committee for consideration. The Amendment Bill was trying
DSD briefing
to relieve the High Court by referring cases related to children to the Children’s Court.
However, the High Court would maintain its jurisdiction to deal with any issue.
• Members raised their concern over the Department’s capacity to take over the adop-
tion processes from private agencies, as this had the potential to create a backlog in
child adoptions, resulting in children languishing in foster care homes and orphanag-
es. The Committee requested the Department to brief them at a later stage on the
intended amendments to the adoption processes.
• The Children’s Court would now deal with cases involving the guardianship of children
as a means of alleviating the burden of the High Court. However, the High Court
would maintain its jurisdiction to deal with all legal matters.
• The Bill was commended by the Committee for making provisions for children with
disabilities, such as including a sign language interpreter for children in court. It also
commended the Department for updating the Child Protection Register, and the
overall rigor which it had shown in dealing with the amendments to the Bill.
• The Department aimed to have children adopted nationally rather than international-
ly. Should there be no persons willing to adopt a child nationally, then the child may
be adopted internationally.
• The committed recommend that Government need to ensure that the interests of the
children at all material times were taken care of. It was thus the government’s
responsibility to see the realisation of this intention. Child adoptions that had gone
through private agencies were due to the government’s lack of capacity to deal with
the adoption process.

172 DEPARTMENT OF SOCIAL DEVELOPMENT ANNUAL REPORT 2020/21