Legislation & Regulations

The Department of Social Welfare & Population Development administers the following Acts and subordinate Legislation:

RSA Constitution, 1996

The basic tenets of the Constitution as embodied in Chapter 2 – the Bill of Rights emphasises equality, human dignity, freedom and security of the person, health care, food, water and social security and the rights of the child.

The Constitution led to the development of policies and legislation in keeping with the basic tenets of the Constitution. It also led to the amendments of legislation, some of which are still receiving attention such as the Child Justice Bill and which is from the Department of Justice but has many implications for the Department of Social Welfare – such as the appointment of probation officers at every Court.

Public Services Regulations, 1999

The powers/duties imposed on the Executing Authority by the Act including the following: (a)Develop a strategic plan for his/her department (PSR1/111/B) (b)Develop a service delivery improvement programme (PSR1/111/C) (c)Develop a human resource plan (PSR1/111/D) Publish an annual report to the legislature, the media and the public (PSR1/11/J)

National Welfare Act, 1978 (Act No. 100 of 1978)

Provision for the establishment of SA Welfare Council Regional Welfare Boards and certain Welfare Committees.

To define their powers and functions and for welfare programmes and registration of welfare organisations.

KwaZulu National Welfare Act, 1986 (Act No. 9 of 1986)
Child Care Act, 1983 (Act No. 74 of 1983)

To provide for the establishment of Children’s Courts and the appointment of Commission of Child Welfare; for the protection and welfare of certain children; for the adoption of children; for the establishment of certain institutions for the reception of children and the treatment of children after such reception; and for contributions by certain persons towards the maintenance of certain children

Child Care Amendment Act, 1991 (Act No. 86 of 1991)
Child Care Amendment Act, 1996 (Act No 13 of 1996)
Child Care Amendment Act, 1999 (Act No. 13 of 1999)
Adoption Matters Amendment Act, 1998 Act No. 56 of 1998)
Social Assitance Act, 1992 (Act No. 59 of 1992)

To provide for the rendering of social assistance to persons, to national councils and the welfare organisations

Social Assitance Amendment Act, 1994 (Act No. 45 of 1994)
Health and Welfare Matters Amendment Act, 1993 (Act No. 118 of 1993)
Health and Welfare Matters Second Amendment Act, 1993 (Act No. 180 of 1993)
Welfare Laws Amendment Act, 1997 (Act No. 106 of 1997)

To amend the Child Care Act, 1983 so as to broaden the provisions granting exemption to certain categories of persons who may care for certain children apart from their parents for a period longer than 14 days; and to remove the State contributions to the maintenance by foster parents of foster children

To amend the Social Assistance Act, 1992, so as to provide for uniformity of, equality of access to, and effective regulation, of social assistance throughout the Republic and to introduce the child-support grant

To do away with capitation grants

To abolish maintenance grants subject to the phasing out of existing maintenance grants over a period not exceeding three years

To provide for the delegation of certain powers

To extend the application of the provisions of the Act to all areas in the republic

Aged Persons Act, 1967 (Act No. 81 of 1967)

To provide for the protection and welfare of certain aged and debilitated persons; for the care of their interests; for the establishment and registration for the accommodation and care of certain aged persons and for matters incidental thereto

Social Work Act, 1978 (Act No. 110 of 1978)

To provide for the establishment of a Council for Social and Associated Workers; to define its powers and functions; for the registration of social and associated workers; for the control over the profession of social work and associated workers.

This Act has been amended.

Probation Services Act, 1991 (Act No. 116 of 1991)

To provide for the establishment and implementation of programmes aimed at combating crime; for the rendering of assistance to and treatment of certain persons involved in crime.

To provide for the rendering of welfare services in respect of accused and convicted persons and their families

Probation Services Amendment Act, 2002 (Act No. 35 of 2002)
Prevention and Treatment of Drug Dependency Act, 1992 (Act No. 20 of 1992)

To provide for the establishment of a Drug Advisory Board

The establishment of program for the prevention and treatment of drug dependency

The establishment of treatment centres and hostels

The registration of treatment centres and hostels

The committal of certain persons and their detention

Treatment and training in such treatment centres

Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)
Non-Profit Organisations Amendment Act, 2000 (Act No. 17 or 2000)
Criminal Procedure Act, 1977 (Act No. 51 of 1977)

To provide for procedures and related matters in criminal proceedings with particular reference to pre-sentence investigations and sentencing options

Domestic Violence Act, 1999

To provide for the issuing of protecting orders with regard to domestic violence; and for matters connected therewith

Social Services Professions Act, 1978 (Act No. 110 of 1978)
Advisory Board on Social Development Act, 2001
Fund-Raising Act, 1978 (Act No. 107 of 1978)

Certain sections of this Act have been re-formulated into the NOT FOR PROFIT ORGANISATION ACT, 1998.

To provide for control of the collection of contributions from the public; the appointment of a Director of Fund-raising;

The establishment of a Disaster Relief Fund, S.A. Defence Force Fund and the declaration of certain events as disasters

The KZN Welfare Bill:

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KZN Department of Social Welfare

Legislation & Regulations

The Department of Social Welfare & Population Development administers the following Acts and subordinate Legislation:

The KZN Welfare Bill: