Department of Social Development Policy and Strategy Documents | Western Cape Government

Department of Social Development Policy and Strategy Documents

2016
(Western Cape Government)
Type of Document Year  Name of Document National/ Provincial Transversal/ DSD Specific Purpose
Act 1996 Constitution of the Republic of South Africa No. 108 of 1996 National Transversal The purspose of this is to introduce a new Constitution of the Republic of South Africa and to provide for matters incidental thereto.
Act 1998 Constitution of the Western Cape, Act 1 of 1998 Provincial Transversal This Constitution applies to the Western Cape. Subject to the national Constitution, it is the highest law in the Western Cape, and the obligations imposed by it must be performed diligently and without delay.
Act 2019 Western Cape Commissioner for Children Act No 2 of 2019 Provincial Transversal The purpose of this Act is to provide for the appointment of a Commissioner for Children in the province of the Western Cape; and to provide for matters incidental thereto.
Act 2013 Protection of Personal Information Act 4 of 2013 National Transversal The purpose of this Act is to:
• Promote the protection of personal information processed by public and private bodies.
• Introduce certain conditions so as to establish minimum requirements for the processing of personal information.
• Provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000.
• Provide for the issuing of codes of conduct.
• Provide for the rights of persons regarding unsolicited electronic communications and automated decision making
• Regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
Act 2013 Prevention and combatting of Trafficking in Persons Act, No.7 of 2013 National Transversal The purpose of this act is to give effect to the republic’s obligations concerning the trafficking of persons in terms of international agreements; to provide for an offense of trafficking in persons and other offenses associated with trafficking in persons; to provide for penalties that may be imposed in respect of the offenses; to provide for measures to protect and assist victims of trafficking in persons; to provide for the coordinated implementation, application and administration of this act; to prevent and combat the trafficking in persons within or across the borders of the Republic; and to provide for matters connected therewith.
Act 2010 Safety at Sports and Recreational Events Act 2 of 2010 National Transversal The purpose of this act is to provide measures to safeguard the physical well-being and safety of persons and property at sports, recreational, religious, cultural, exhibitional, organisational or similar events held at stadiums, venues or along a route; and to provide for the accountability of event role players.
Act 2010 Western Cape Procurement (Business Interests of Employees) Act 8 of 2010 Provincial Transversal The purpose of this act is to:
• Restrict the business interests of employees of the Provincial Government and of provincial public entities as well as members of the controlling bodies of such entities, entities conducting business with the Provincial Government and provincial public entities.
• Provide for the disclosure of such interests and to provide for matters incidental thereto.
Act 2008 Companies Act 71 of 2008 National Transversal  The purpose of this act is to:
• Provide for the incorporation, registration, organisation and management of companies, the capitalisation of profit companies, and the registration of offices of foreign companies carrying on business within the Republic.
• Define the relationships between companies and their respective shareholders or members and directors.
• Provide for equitable and efficient amalgamations, mergers and takeovers of companies.
• Provide for efficient rescue of financially distressed companies.
Act 2008 Consumer Protection Act 68 of 2008 National Transversal The purpose of this act is to:
• Promote a fair, accessible and sustainable marketplace for consumer products and services.
• Establish national norms and standards relating to consumer protection.
• Provide for improved standards of consumer information.
• Prohibit certain unfair marketing and business practices.
• Promote responsible consumer behaviour.
• Promote consistent legislative and enforcement framework relating to consumer transactions and agreements.
Act 2008 Child Justice Act 75 of 2008 National Transversal The purpose of this act is to establish a criminal justice process for children accused of commiting offences and aimed to protect the rights of children.
Act 2008 Consumer Protection Act 68 of 2008 National Transversal  The purpose of this act is to:
• Promote a fair, accessible and sustainable marketplace for consumer products and services.
• Establish national norms and standards relating to consumer protection.
• Provide for improved standards of consumer information.
• Prohibit certain unfair marketing and business practices.
• Promote responsible consumer behaviour.
• Promote consistent legislative and enforcement framework relating to consumer transactions and agreements.
Act 2008 National Youth Development Agency Act 54 of 2008 National Transversal The purpose of this act is to provide for the establishment of the National Youth Development Agency aimed at:
• Creating and promoting coordination in youth development matters.
• Providing for the objects and functions of the Agency.
• Providing for the manner in which it is to be managed and governed.
• Providing for the regulation of its matters and financial affairs.
• Providing for the administration of the fund referred to in the Demutualisation Levy Act, 1998 by the Agency under a new name.
• Repealing the National Youth Commission Act, 1996 and to provide for matters connected therewith.
Act 2007

Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007

National Transversal The purpose of this act is to comprehensively and extensively review and amend all aspects of the laws and the implementation of the laws relating to sexual offences and to deal with all legal aspects of or relating to sexual offences in a single statute.
Act 2007 Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2012 National Transversal The purpose of this act is to amend the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 so as to expressly provide that the imposition of penalties in respect of certain offences contained in the Act is left to the discretion of the courts; and to provide for matters connected therewith.
Act 1983 Child Care Act 74 of 1983 National Transversal

The purpose of the act provides for the establishment of children's courts and the appointment of the Commissioner of Child Welfare for the:

• Protection and welfare of certain children

• Adoption of children.

• Establishment of institutions for the receptions of children.

• Establishment of treatment centers.
Act 1983 Child Care Amendment Act 96 of 1996 National Transversal The purpose of this act is to establish the amendment provided for the legal representation for children and the registration of shelters
Act 1983 Child Care Amendment Act 56 of 1998 (Adoption Matters) National Transversal The amendment provides for the rights of certain natural fathers in terms of adoption of children born out of wedlock.
Act 1983 Child Care Amendment Act 13 of 1999 National Transversal The purpose of the amendment provides for the establishments of secure care facilities and the prohibition against the commercial sexual exploitations of children.
Act 1984 Child Care Amendment Act of 1996 National Transversal The purpose of this act is to establish the amendment provided for the legal representation for children and the registration of shelters.
Act 1985 Child Care Amendment Act 56 of 1998 (Adoption Matters) National Transversal The amendment provides for the rights of certain natural fathers in terms of adoption of children born out of wedlock.
Act 1986 Child Care Amendment Act 13 of 1999 National Transversal The purpose of the amendment provides for the establishments of secure care facilities and the prohibition against the commercial sexual exploitations of children.
Act 2006 Older Persons Act 13 of 2006 National Transversal The Older Persons Act number 13 aims at the empowerment of and the protection of older persons which also includes their status, rights, well-being and their safety and security and the combatting of abuse against older persons and the continuous maintenance thereof.
Act 2005 Children's Act 38 of 2005 National Transversal The purpose of the act is to:
• Define the rights and responsibility of children.
• Define parental responsibilities and rights.
• Determines principles and guidelines for the protection of children.
• Promote the well-being of children.
• Consolidate laws relating to the welfare and protection of children and provides for incidental matters.
Act 2005 Children's Second Amendment Act 18 of 2016 National Transversal The purpose of the act is to:
• Define that a person convicted of certain offences to be deemed unsuitable to work with children
• To afford a child offender an opportunity to make representations as to why finding of unsuitability to work with children should not be made.
• To provide that the National Commissioner of South African Police Services must forward to the Director-General all the particulars of person found unsuitable to work with children.
• To provide for a child offender to apply in the prescribed manner to have their particulars removed from the Register.
• To provide the review of a decision to remove a child without a court order. To extend the circumstances as to when a child is adoptable to extend the effects of an adoption order by providing that an adoption order does not automatically terminate all parental in favor of the spouse or permanent domestic life-partner of the parent and to provide for matters connected therewith.
Act 2005 Children's Amendment Act of 2016 National Transversal

The purpose of the act is to:

• To provide that the removal of a child to temporary safe care without a court order be placed before the children's court for review before the expiry of the next court date.
• To provide the provincial head of social development to transfer a child or a person from one form of alternative care to another form of alternative care.

• To provide that an application for child to remain in alternative care beyond the age of 18 years, must be submitted before the end of the year in which the relevant child reaches the age of 18 years; and provide for the matters connected therewith.

 

Act 2005 Intergovernmental Relations Framework Act, No. 13 of 2005 National Transversal The purpose of this act is to establish a framework for the national government, provincial governments and local governments to promote and facilitate intergovernmental relations; to provide for mechanisms and procedures to facilitate the settlement of intergovernmental disputes; and to provide for matters connected therewith.
Act 2005 Children's Second Amendment Act 18 of 2016 National Transversal The purpose of the act is to:
• Define that a  person convicted of certain offences to be deemed unsuitable to work with children
• To afford a child offender an  opportunity to make  representations as to why finding of unsuitability to work with children should not be made.
• To provide that the National Commissioner of South African Police Services must forward to the Director-General all the particulars of person found unsuitable to work with children.
• To provide for a child offender to apply in the prescribed manner to have their particulars removed from the Register.
• To provide the review of a decision to remove a child without a court order. To extend the circumstances as to when a child is adoptable to extend the effects of an adoption order by providing that an adoption order does not automatically terminate all parental in favour of the spouse or permanent domestic life-partner of the parent and to provide for matters connected therewith.
Act 2005 Children's Amendment Act 17 of 2016 National Transversal The purpose of the act is to:
• To provide that the removal of a child to temporary safe care without a court order be placed before the children's court for review before the expiry of the next court date.
• To provide the provincial head of social development to transfer a child or a person from one form of alternative  care to another form of alternative care
• To provide that an application for child to remain in alternative care beyond the age of 18 years, must be submitted before the end of the year in which the relevant child reaches the age of 18 years; and provide for the matters connected therewith.
Act 2004 Social Assistance Act 13 of 2004 National Transversal The purpose of this act is to:
• Provide for the rendering of social assistance to persons.
• Provide for the mechanism for the rendering of such assistance.
• Provide for the establishment of an inspectorate for social assistance; and to provide for matters connected therewith.
Act 2004 Social Assistance Act Amendment 2009 [Substitution of section] National Transversal Social Assistance Act (13/2004): Amendment: Regulations relating to the application for and payment of social assistance and the requirements or conditions in respect of eligibility for social assistance.
Act 2004

Social Assistance Amendment Act, 2009 [Insertion]

National Transversal Amendment: Regulations relating to the application for payment of social assistance and the requirements or conditions in respect eligibility for social assistance.
Act 2004 Social Assistance Amendment Act 5 of 2010 National Transversal The purpose of this act is to amend the Social Assistance Act, 2004, so as to enable applicants and beneficiaries to apply to the Agency to reconsider its decision; to further regulate appeals against decisions of the Agency; and to effect certain textual corrections; and to provide for matters connected therewith.
Act 2004 South African Social Security Act 9 of 2004 National Transversal The purpose of this act is to provide for the establishment of the South African Social Security Agency as an agent for the administration and payment of social assistance; to provide for the prospective administration and payment of social security by the Agency and the provision of services related thereto; and to provide for matters connected therewith.
Act 2002 Mental Health Care Act 17 of 2002 National Transversal The purpose of this act is to:
• Provide for the care, treatment and rehabilitation of persons who are mentally ill.
• Set out different procedures to the followed in the admission of such persons.
• Establish Review Boards in respect of every health establishment and to determine their powers and functions.
• Provide for the care and administration of the property of mentally ill persons.
• Repeal certain laws, and to provide for matters connected therewith.
Act 2002 Disaster Management Act No. 57 of 2002 National Transversal The purpose of this Act is to provide for an integrated and coordinated disaster management policy, the establishment of disaster management centres, disaster management volunteers and matters incidental thereto.
Act 2022 Disaster Management Amendment Act No. 16 of 2015 National Transversal The purpose of this Act is to amend the Disaster Management Act No. 57 of 2002.
Act 2001 Advisory board on Social Development Act 3 of 2001 National Transversal The purpose of this act is to:
• Provide for a national advisory structure in the social development sector with the aim of building and consolidating a partnership between government and civil society.
• Establish a body to be known as the Advisory Board on Social Development.
• Provide for the objectives, duties and composition of the Board; and to provide for matters connected therewith.
Act 2000

Promotion of Access to Information Act 2 of 2000

National Transversal The purpose of this Act is to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and to provide for matters connected therewith.
Act 2000 Promotion of Administrative Justice Act 3 of 2000 National Transversal The purpose of this act is to give effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the Constitution of the Republic of South Africa, 1996; and to provide for matters incidental thereto.
Act 1999 Public Finance Management Act 1 of 1999 National Transversal The purpose of this act is to:
• Regulate financial management in national government and provincial governments.
• Ensure that all revenue, expenditure, assets and liabilities of those governments are managed efficiently and effectively.
• Provide for the responsibilities of persons entrusted with financial management in those governments; and to provide for matters connected therewith.
Act 1998 Domestic Violence Act 116 of 1998 National Transversal The purpose of this act is to provide for the issuing of protection orders with regard to domestic violence; and for matters connected therewith.
Act 1998 National Development Agency Act 108 of 1998 National Transversal

This Act provides for a national funding, capacity-building and co-ordination structure known as the National Development Agency (NDA). The NDA is mandated to grant funds to civil society organisations (CSOs) in order to enhance their capacity and promote development dialogue, while also meeting the developmental needs of poor communities.

Act 1998 National Development Agency Amendment Act 6 of 2003 National Transversal The purpose of this act is to amend the National Development Agency Act, 1998, so as to:
• Amend the definition of Minister.
• Reduce the number of members on the Board.
• Further regulate meetings of the Board.
• Empower the Minister to appoint the chief executive officer; and to further regulate delegation and to provide for matters connected therewith.
Act 1998 Skills Development Amendment Act 97 of 1998 National Transversal The purpose of this act is to:
• Provide an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African workforce.
• Integrate those strategies within the National Qualifications Framework contemplated in the South African Authority Act, 1995.
• Provide learnerships that lead to scheme and a National Skills Fund.
• Provide for and regulate employment services; and to provide for matters connected therewith.
Act 1998

Skills Development Amendment Act 37 of 2008

National Transversal The purpose of this act is to:
• Amend the Skills Development Act, 1998, so as to define certain expressions.
• Broaden the purpose of the Act.
• Provide anew for the functions of the National Skills Authority.
• Provide anew for the composition of the National Skills Authority.
• Provide anew for the function of the SETAs, to provide for apprenticeships.
• Make further provision in respect of the implementation of employment services.
• Increase the quality and quantity of artisans.
• Repeal remaining sections of the current Manpower Training Act, 1981.
• Provide for Skills Development Institutes.
• Provide for the Quality Council for Trades and Occupations.
• Clarify the legal status of Productivity South Africa.
• Clarify the legal and governance status of the National Skills Fund; and to provide for matters connected therewith.
Act 1998 State Information Technology Agency Act 88, 1998 National Transversal The purpose of this Act is provide for the establishment of a company that will provide information technology, information systems and related services to, or on behalf of, participating departments and in regard to these services, act as an agent of the South African Government; and to provide for matters connected therewith.
Act 1998

State Information Technology Agency Amendment Act 38 of 2002

National Transversal The purpose of this act is to amend the State Information Technology Agency Act, so as to:
• Alter certain definitions, to define other expressions, to delete certain definitions and to substitute obsolete references.
• Provide for the establishment of subsidiaries by the State Information Technology Agency (Pty) Ltd.
• Redefine the objects and functions of the Agency.
• Increase the maximum number of members of the Board of the Agency.
• Provide for alternate members for non-executive members of the Board.
• Align provisions regarding the transfer of staff and assets, the business and service level agreements and the regulatory powers with the adjusted functions of the agency.
• Amend the method of determining tariffs for the cost of services of the Agency.
• Provide anew for the shareholding and share capital of the Agency.
• Repeal provisions that became obsolete because of the Public Finance Management Act, 1999.
• Provide for the alteration of the Agency’s memorandum of association; and to provide for matters connected therewith.
Act 1997 Non-profit Organisations Act 71 of 1997 National Transversal The purpose of this act is to:
• Provide for an environment in which nonprofit organisations can flourish.
• Establish an administrative and regulatory framework within which nonprofit organisations can conduct their affairs.
• Repeal certain portions of the Fundraising Act, 1978; and to provide for matters connected therewith.
Act 1997 Non-profit Organisations Amendment Act No. 17 of 2000 National Transversal The purpose of this act is to amend the NPO Act 71 of 1997, so as to alter the procedure of preparing and issuing model documents and codes of good practice: and to effect certain textual alterations, and to provide for maters connected therewith. 
Act 1997 Welfare Laws Amendment Act 106 of 1997 National Transversal The purpose of this act is 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 provisions that overlap with the provisions of the Social Assistance Act, 1992, that provide for state contributions to the maintenance by foster parents of foster children.
• 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.
• Introduce the child-support grant; to do away with cavitation grants.
• Abolish maintenance grants subject to the phasing out of existing maintenance grants over a period not exceeding three years.
• Provide for the delegation of certain powers; and to extend the application of the provisions of the Act to all areas in the Republic; and to provide for matters connected therewith.
Act 1995 Labour Relations Act 66, 1995 National Transversal The purpose of this act is to:
• Change the law governing labour relations and, for that purpose to give effect to section 27 of the Constitution.
• Regulate the organisational rights of trade unions.
• Promote and facilitate collective bargaining at the workplace and at sectoral level.
• Regulate the right to strike and the recourse to lockout in conformity with the Constitution.
• Promote employee participation in decision-making through the establishment of workplace forums.
• Provide simple procedures for the resolution of labour disputes through statutory conciliation, mediation and arbitration, and through independent alternative dispute resolution services accredited for that purpose.
• Establish the Labour Court and Labour Appeal Court as superior courts, with exclusive jurisdiction to decide matters arising from the Act.
• Provide for a simplified procedure for the registration of trade unions and employers' organisations, and to provide for their regulation to ensure democratic practices and proper financial control.
• Give effect to the public international law obligations of the Republic relating to labour relations.
• Amend and repeal certain laws relating to labour relations; and to provide for incidental matters.
Act 1995 Labour Relations Amendment Act 12 of 2002 National Transversal The purpose of this act is to amend the Labour Relations Act of 1995 so as to provide for the enforcement of collective bargaining agreements and to provide for matters related thereof.
Act 1995 Labour Relations Amendment Act 6 of 2014 National Transversal To amend the Labour Relations Act, 1995, so as to facilitate the granting of
organisational rights to trade unions that are sufficiently representative.
Act 1994

Public Service Act 103 of 1994

National Transversal The purpose of this act is to provide for the organisation and administration of the public service of the Republic, the regulation of the conditions of employment, terms of office, retirement and discharge of members of the public service, and matters connected therewith.
Act 1994 Public Service Amendment Act 30 of 2007 National Transversal The purpose of this act is to:
• Amend the Public Service Act, 1994, so as to substitute the definition provision.
• Substitute obsolete references.
• Provide for the alignment of certain conditions of services with respect to employees in sectors.
• Clarify certain powers of the Minister and enable the Minister to establish a consultative or advisory body.
• Replace the term "provincial administration" with the term "the Office of a Premier".
• Provide for the implementation of directions of the Public Service Commission.
• Provide for the establishment of government components and specialised service delivery units within departments.
• Revise the effective date of actions and the effect of collective bargaining.
• Provide for the correction of actions.
• Redefine the different employment capacities in the public service.
• Set out the different ways of obtaining services of persons.
• Rationalise the provisions regarding appointments and the requirements thereof as well as the appointments of heads of departments and their career incidents, including heads appointed in terms of the Constitution.
Act 1993 Regulation of Gatherings Act 205 of 1993 National Transversal The purpose of this act is to regulate the holding of public gatherings and demostraions at certain places; and to provide for matters connected herewith.
Act 1992 Prevention And Treatment Of Drug Dependency Act 20 of 1992 National Transversal The purpose of this act is to:
• Provide for the establishment of a Drug Advisory Board.
• Provide for the establishment of programmes for the prevention and treatment of drug dependency.
• Provide for the establishment of treatment centres and hostels; the registration of institutions as treatment centres and hostels.
• Committal of certain persons to and their detention, treatment and training in such treatment centres or registered treatment centres; and incidental matters.
Act 1992

Prevention of and Treatment of Drug Dependency Amendment Act 14 of 1999

National Transversal The purpose of this Act is to:
• Provide for the establishment of a Drug Advisory Board.
• Provide for the establishment of programmes for the prevention and treatment of drug dependency.
• Provide for the establishment of treatment centres and hostels.
• Provide for the registration of institutions as treatment centres and hostels.
• Provide for the committal of certain persons to and their detention, treatment and training in such treatment centres or registered treatment centres; and incidental matters.
Act 1992 Prevention of and Treatment for Substance Abuse Act 70 of 2008 National Transversal The purpose of this act is to:
• Provide for a comprehensive national response for the combating of substance abuse.
• Provide for mechanisms aimed at demand and harm reduction in relation to substance abuse through prevention, early intervention, treatment and re-integration programmes.
• Provide for the registration and establishment of treatment centres and halfway houses.
• Provide for the committal of persons to and from treatment centres and for their treatment, rehabilitation and skills development in such treatment centres.
• Provide for the establishment of the Central Drug Authority; and to provide for matters connected therewith.
Act 1991 Probation Services Act 116 of 1991 National Transversal The purpose of this act is to provide for the establishment and implementation of programmes aimed at the combating of crime; for the rendering of assistance to and treatment of certain persons involved in crime; and for matters connected therewith.
Act 1991 Probation Services Amendment Act 35 of 2002 National Transversal The purpose of this act is to amend the Probation Services Act, 1991, so as to
• Insert certain definitions in order to make further provision for programmes aimed at the prevention and combating crime.
• Extend the powers and duties of probation officers.
• Provide for the duties of assistant probation officers.
• Provide for the mandatory assessment of arrested children.
• Provide for the establishment of a probation advisory committee.
• Provide for the designation of family finders; and to provide for matters connected therewith.
Act 1978

National Welfare Act 100 of 1978

National Transversal The purpose of the act is to:
• Provide for the establishment and constitution of a South African Welfare Council and of regional welfare boards and certain committees; and to define their powers and functions.
• Provide for welfare programmes and for the registration of welfare organizations; and to provide for incidental matters.
Act 1978 Fundraising Act No. 107 of 1978 National Transversal The purpose of this Act is 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, a South African Defense Force Fund and a Refugee Relief Fund; the declaration of certain disastrous events as disasters; and other matters connected therewith.
Act 1978 Social Service Professions Act 110 of 1978 (as amended) National Transversal The purpose of this document is to provide for the establishment of a South African Council for Social Service Professions and to define its powers and functions; for the registration of social workers, student social workers, social auxiliary workers and persons practising other professions in respect of which professional boards have been established; for control over the professions regulated under this Act; and for incidental matters.
Act 1977 National Building Regulations and Building Standards Act 103 of 1977 National Transversal The purpose of this act is to provide for the promotion of uniformity in the law relating to the erection of buildings in the areas of jurisdiction of local authorities, for the prescribing of building standards and for matters connected therewith.

 

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