You are here

Legislation Mandate

The Department derives its legislature mandate from the Constitution of the Republic of South Africa (section 27(1)(c)), providing for the right of access to appropriate social assistance to those who are unable to support themselves and their defendants. Section 28(1) of Constitution enshrines the rights of children with regard to appropriate care, basic nutrition, shelter, health care and social services.
Constitutional Mandates
The Department implement its Constitutional mandates in terms of Section 27(1), 28(1) and schedule 4 of the Constitutional of Republic of South Africa, Act 108 of 1996
Relevant Court Rulings
There is no court ruling that will interfere with service delivery.
Planned Policy Initiatives
The White paper on Family Policy is in the process of being concluded.
Social Development Sector Negotiated Service Delivery Agreement
The Department Social Development is largely guided by outcome 13: An inclusive and Responsive Social Protection System.
 Legislative Mandates
The following National Legislation and Policy Documents form the Legal and Policy Framework being implemented within the Department:
Social Assistance Act (Act no. 13 of 2004)
White Paper for Social Welfare (1997)
Social Service Professions Act, 1978 (Act no. 110 of 1978) as amended
Children Act, (Act no. 38 of 2005) as amended
Probation Services Act, 1991 (Act no. 116 of 1991)
Domestic Violence Act (Act no.61 of 2003)
The Child Justice Act (Act no. 75 of 2008)
Prevention of and and treatment of substance abuse Act (Act no. 70 of 2008)
Older Persons Act (Act no. 13 of 2006)
Advisory Board on Social Development Act, 2001 (Act no. 3 of 2001)
Non-Profit Organisations Act, 1997 (Act no. 71 of 1997)
Chlidren's Amendment (Act no. 41 of 2007)
Sexual Offences Related Matters Amendments Act no. 3 of 2007

 Policy Mandates
National Development Plan Vision 2030
National guideline on Victim Empowerment
Limpopo Economic Growth Development Plan
Policy of financial awards to service providers 2004
National Intergrated Disability strategy
Disability policy 2006
Relevant conventions and agreements
Population policy 1998
National Crime Prevention Strategy
Minimum Standards for Residential Facilities on People with Disabilities
Policy on Substance Abuse
Family Policy
Policy Framework on Orphaned and Vulnerable Children

 Priorities to Achieve Vision 2030
Broadening the social protection agenda
Social assistance-grants
Social security
Social protection outside state - covering the informal sector
Developmental social welfare services
Household food and nutrition security
Creating a future social protection system.

 The MTSF Priorities
The Key Priorities for this MTSF are:
Reforming the social welfare sector
Early childhood development provision
Deepening social assistance and extending the scope for social security
Strengthening community development interventions
Establish social protection systems to strengthen coordination, intergration, planning, monitoring and evaluation of services

 Key Policy Developments and Legislative Changes
  During the period under review there were no policy developments and legislative changes