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PART A: GENERAL INFORMATION

8 LEGISLATIVE AND OTHER MANDATES

The Constitution Acts of Parliament

The Department of Social Development derives its core mandate • Children’s Act, 2005 (Act No. 38 of 2005)
from the Constitution of the Republic of South Africa, 1996 (Act • Children’s Amendment Act 2007 (Act No. 41 of 2007)
No. 108 of 1996). Section 27(1) (c) of the Constitution provides for • Fund-Raising Act, 1978 (Act No. 107 of 1978)
the right to access appropriate social assistance to those unable • Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)
to support themselves and their dependents. In addition, Section • National Development Agency Act, 1998 (Act No. 108 of 1998),
28(1) of the Constitution sets out the rights of children regarding as amended by Act No. 6 of 2003
appropriate care, basic nutrition, shelter, health care and social • Older Persons Act, 2006 (Act No. 13 of 2006)
services, and detention. • Prevention and Treatment of Drug Dependency Act, 1992 (Act
No. 20 of 1992)
Schedule 4 of the Constitution further identifies welfare services, • Prevention of and Treatment for Substance Abuse Act, 2008
population development and disaster management as functional (Act No. 70 of 2008)
areas of concurrent national and provincial legislative competence. • Probation Services Act, 1991 (Act No. 116 of 1991)
• Social Assistance Act, 2004 (Act No. 13 of 2004)
The following existing laws constitute the legal framework for the • Social Assistance Amendment Act, 2010 (Act No. 5 of 2010)
Department of Social Development in South Africa: • Social Service Professions Act, 1978 (Act No. 110 of 1978)
• The National Welfare Act, 1978 (Act No. 100 of 1978)
• The South African Social Security Agency Act, 2004 (Act No. 9
of 2004)

22 DEPARTMENT OF SOCIAL DEVELOPMENT ANNUAL REPORT 2021/22