Page 22 - Department of Social Development Annual Report 2021

PART A: GENERAL INFORMATION
8 LEGISLATIVE AND OTHER MANDATES

The Constitution

The Department of Social Development derives its core
mandate from the Constitution of the Republic of South
Africa, 1996 (Act No. 108 of 1996). Section 27(1) (c) of the
Constitution provides for the right to access to appropriate
social assistance to those unable to support themselves and
their dependents. In addition, Section 28(1) of the
Constitution sets out the rights of children regarding
appropriate care, basic nutrition, shelter, health care and
social services, and detention.
Schedule 4 of the Constitution further identifies welfare
services, population development and disaster management
as functional areas of concurrent national and provincial
legislative competence.
The following existing laws constitute the legal framework
for the Department of Social Development in South Africa:

Acts of Parliament

• Children’s Act, 2005 (Act No. 38 of 2005)
• Children’s Amendment Act 2007 (Act No. 41 of
2007)
• Fund-Raising Act, 1978 (Act No. 107 of 1978)
• Non-Profit Organisations Act, 1997 (Act No. 71 of
1997)
• National Development Agency Act, 1998 (Act No.
108 of 1998), as amended by Act No. 6 of 2003
• Older Persons Act, 2006 (Act No. 13 of 2006)
• Prevention and Treatment of Drug Dependency
Act, 1992 (Act No. 20 of 1992)
• Prevention of and Treatment for Substance Abuse
Act, 2008 (Act No. 70 of 2008)
• Probation Services Act, 1991 (Act No. 116 of 1991)
• Social Assistance Act, 2004 (Act No. 13 of 2004)
• Social Assistance Amendment Act, 2010 (Act No. 5
of 2010)
• Social Service Professions Act, 1978 (Act No. 110 of
1978)

DEPARTMENT OF SOCIAL DEVELOPMENT ANNUAL REPORT 2020/21 22