Dear Ms Masango

As the Chair of the Standing committee on Social Development, I write to you with urgency and deep concern regarding the critical delay in signing into law the long-awaited Amendments to the Older Persons Act by our President.

These amendments, having successfully passed all legislative stages, await only his signature to be enacted. Their implementation is essential to uphold the dignity, safety, and rights of South Africa’s older persons.

We are currently witnessing a disturbing rise in elder abuse across the country. Recent media reports have exposed harrowing cases of murder, financial exploitation, physical abuse, and severe neglect. These incidents are not isolated; they reflect a systemic failure to protect some of our most vulnerable citizens. Without effective legal frameworks in place, perpetrators act with impunity, and older persons remain unprotected and voiceless.

Compounding this crisis is the lack of clarity surrounding the registration of assisted living facilities. Many providers find themselves in limbo due to outdated or insufficient legislation. This not only hampers service provision but compromises the quality and continuity of care for older people who rely on these facilities for safe, dignified living.

Of equal urgency is the need to legally recognise Assisted Decision-Making and Enduring Powers of Attorney. The South African Law Reform Commission’s Project 122 conducted extensive, commendable work in this fieldwork that appears to have been shelved. This inaction leaves older persons with impaired decision-making capacity, whether due to stroke, dementia, Alzheimer’s disease, or other health conditions, dangerously exposed to exploitation and abuse.

In the absence of proper legal mechanisms, these individuals cannot formally appoint trusted decision-makers nor be adequately supported in their personal affairs. This legal vacuum denies them autonomy and protection at their most vulnerable.

We therefore urge you as Chair of the Standing Committee on Social Development to urge the President to:

• Immediately sign the Amendments to the Older Persons Act into law.
• Revive and prioritise the recommendations of Project 122, and urgently consider developing and enacting legislation supporting Assisted Decision-Making and Enduring Powers of Attorney - see SA Law Reform Commission Project 122.

The protection of our elderly must become a national priority. Their voices are often unheard, their suffering unseen. Your leadership can change this. Let us become a country where ageing is not feared, but respected, supported, and safeguarded through strong, compassionate, and modern legislation.

Yours sincerely
Karen Borochowitz

I would appreciate it if a copy of my email could be sent to Mr Michael Bagraim - DA Shadow Minister of Labour