Older People

The Older Persons Act, 2006 (Act 13 of 2006)

The Older Persons Act, 2006 is intended to protect, promote and maintain the status, rights, well-being and security of older persons. It is an Act that aims at combating the abuse of older persons.

WHO QUALIFIES TO BE AN OLDER PERSON IN TERMS OF THE ACT?

An older person is the person who, in the case of a male, is 65 years of age or older and, in the case of a female, is 60 years of age or older.

WHAT IS AN ABUSE OF AN OLDER PERSON?

An abuse of an older person occurs where any person, in a relationship where there is an expectation of trust, does something or fails to do something that causes harm or distress or is likely to cause harm or distress to an older person.

WHAT ARE THE TYPES OF ABUSE THAT AMOUNT TO ‘ABUSE OF OLDER PERSONS’ IN TERMS OF THE ACT ?

• Physical abuse, which means any act or threat of physical violence towards an older person, e.g. pushing, clapping, biting, throttling, stabbing, threats with a fist, threats to kill, etc.

• Sexual abuse means any conduct that violates the sexual integrity of an older person, which includes sexual penetration by a genital organ or object, flashing of genital organs, compelling an older person to watch a sexual act, the use of sexual slurs against an older person such as bitch, whore, sluts, etc.

• Psychological abuse means any pattern of degrading or humiliating conduct towards an older person, which includes repeated insults, ridicule or name calling; repeated threats to cause emotional pain; repeated invasion of an older person’s privacy, liberty, integrity or security, etc.

• Economic abuse includes depriving an older person of economic or financial resource he/ she is entitled to by law, including those that he/she requires out of necessity, e.g. failing to provide money or food to the older person; children with an older person to force him/her to pay for the well-being of your children; employing an older person to take care of your children without a salary; using the old age pension funds, retirement funds or finances of an older person to pay for your expenses without her permission; etc.
  
  Economic abuse also means disposing household effects or property that belongs to an older person, e.g. selling the house, furniture or any other goods of the older person without consent of such older person; spending the retirement funds or inheritance of the older person without consent; etc.

WHAT ARE THE RIGHTS OF OLDER PERSONS IN TERMS OF THE OLDER PERSONS ACT? THE ACT GIVES THE OLDER PERSONS THE RIGHT TO:

• Participate in community life in any position appropriate to his or her interest and capabilities;

• Participate in inter-generational programmes;

• Establish and participate in structures and associations for older persons;

• Participate in activities that enhance his or her income-generating capacity;

• Live in an environment catering for his or her changing capacities; and

• Access opportunities that promote his or her optimal level of social, physical, mental and emotional well being.

WHO MUST REPORT THE ABUSE OF OLDER PERSON?

Any person who suspects that an older person has been abused or suffers from an abuse - related injury.

Section 14 of the South African Constitution, which protects the right to privacy, reads as follows:

1.  Everyone has the right to privacy,

2.  which includes the right not to have:

3.  Their person or home searched;

4.  Their property searched;

5.  Their possessions seized; or

6.  The privacy of their communications infringed ...

I am given to understand that it is illegal to ..

a.   view or record any private property other than one’s own

b.  or which one controls or has rights over, or

c.   any activity therein or thereon,

d.  unless express written permission by those holding those rights has been given.

 In short,  any person observing or recording against your wishes is infringing your constitutionally guaranteed rights and is directly in breach of the law.

AI Overview  Learn more

1. Section 14 of the Constitution of South Africa guarantees the right to privacy. 

2. This means that no one can search your person or home, seize your possessions, 

3. or violate your privacy without a court order.  

4. What is protected by section 14?  Your person, Your home, Your property, Your possessions, 

5. The privacy of your communications, Your letters, and Your telephone. 

6. Why is this right important?  

7. The right to privacy is based on the idea that everyone should be protected from intrusions on their privacy. 

8. The Constitutional Court has said that the right to privacy is linked to the right to human dignity.  

9. What does this mean in practice? For example, 

10. a person's right to privacy is violated when police officials search and seize without a warrant.