Audit of Residential Facilities, Final report - Division for Social Policy ...

2.5 Legislative Context for Older PersonsThe South African Older Persons Act, 2006 effectively addresses the plight of older persons byestablishing a framework and an enabling environment aimed at the empowerment, protection ofolder persons, promoting and maintaining their dignity, independence, participation, rights, wellbeing,safety and security. The Act encompasses the main pillars of the Madrid Plan of Action towhich South Africa is a signatory. The foundation of the Act is the Constitution that establishes asociety based on democratic values, social justice and fundamental human rights and seeks toimprove the quality of life of all citizens and to free the potential of each person. The Bill ofRights as set out in the Constitution, acknowledges that every citizen has inherent dignity and theright to have their dignity respected and protected. The State therefore has a duty to create anenabling environment in which the rights in the Bill of Rights must be respected, protected andfulfilled. The Act therefore consolidates and strengthens existing laws relating to older persons tofacilitate accessible, equitable and affordable services to older persons and to empower olderpersons to continue to live meaningfully and constructively in a society that recognises them asimportant sources of knowledge, wisdom and expertise.Turok (2006) notes that these basic rights have now been laid down in law which means that allgovernment departments and organisations serving the elderly will be obliged to observe andrespect these rights. Most important issues emphasised in the Act are access to communitybased care and support services within a supportive environment, the regulation of residentialfacilities for older people, and protection against abuse, ill treatment and neglect. In order toaddress and follow through with these issues, an integrated South African Plan of Action onAgeing has been developed by the Department of Social Development since they are a leaddepartment in the provision of services to older persons.The purpose of the Plan of Action on Ageing is to facilitate intersectoral collaboration amongstgovernment departments and to define roles and responsibilities of government departments andcivil society in the provision of services to older people. The aim is for older people to remainindependent, active and contributing citizens in the community for as long as possible. This willhopefully ensure that older people are treated in a dignified and respectful manner by serviceproviders, family members and members of the wider communities in which they live.28 | D S D A u d i t o f R e s i d e n t i a l F a c i l i t i e s