Legislative Mandate

The Department of Social Development derives its core mandate from the Constitution of the Republic of South Africa:

  • Section 27 (1) (c) of the Constitution provides for the right of access to appropriate social assistance to those unable support themselves and their dependants.
  • In addition, Section 28 (1) of the Constitution sets out the rights of children with regard to appropriate care (basic nutrition, shelter, health care services and social services) and detention.
  • Schedule 4 of the Constitution further identifies welfare services, population development and disaster management as functional areas of concurrent national and provincial legislative competence.

The Department of Social Development derives its mandate from several pieces of legislation and policies, including the White Paper for Social Welfare (1997) and the Population Policy (1998). The constitutional mandate of the department is to provide sector-wide national leadership in social development.Based on its mandate, the Department of Social Development develops and implements programmes for the eradication of poverty, social protection and social development among the poorest of the poor, and the most vulnerable and marginalised. The department effectively implements this through its partnerships with its primary customers/clients and all those sharing its vision.

Social Development Specific Legislation

The following legislation constitutes the Department’s mandate:

  • Older Persons Act, No. 13 of 2006;
  • Child Care Act, No. 74 of 1983;
  • Children’s Act, No. 13 of 2005;
  • Probation Services Amendment Act, No. 35 of 2002;
  • Prevention of and Treatment for Substance Abuse Act, No. 70 of 2008;
  • Domestic Violence Act, No. 116 of 1998;
  • Protection of Women from Domestic Violence Act, No. 43 of 2005; and
  • Child Justice Act, No. 75 of 2008.
  • The following legislation is ancillary to the Department’s services:
  • Fund-raising Act, 1978 (Act No. 107 of 1978)
  • Social Service Professions Act, 1978 (Act No. 110 of 1978)
  • Social Assistance Act, 1992 (Act No. 59 of 1992)
  • Non-profit Organisations Act, 1997 (Act No.71 of 1997)
  • National Development Agency Act, 1998 (Act No. 108 of 1998)
  • Advisory Board on Social Development Act, 2001 (Act No.3 of 2001)
  • South African Social Security Agency Act, 2004 (Act No. 9 0f 2004)

 Transversal Legislative Framework

  • Constitution of the Republic of South Africa, 1996
  • Adult Basic Education Training Act, 2000 (Act No. 52 of 2000)
  • Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)
  • Broad Based Black Economic Empowerment Act 2003, (Act No. 53 of 2003)
  • Compensation for Occupational Injuries and Disease Act, 1993 (Act No. 130 of 1993)
  • Division of Revenue Act, 2005 (Act No. 4 of 2005)
  • Employment Equity Act, 1998 (Act No. 55 of 1998)
  • Further Education and Training Act, 1998 (Act No. 98 of 1998)
  • General and Further Education and Training Quality Assurance Act, 2001 (Act No. 58 of 2001)
  • Higher Education and Training Act, 1997 (Act No. 101 of 1997)
  • Labour Relations Act, 1995 (Act No. 66 of 1995)
  • Local Government: Municipal Property Rates Act, (Act No. 6 of 2004)
  • National Education Policy Act, 1996 (Act No. 27 of 1996)
  • Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)
  • Preferential Procurement Policy Framework Act (PPPFA), 2000 (Act No. 5 of 2000)
  • Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)
  • Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000)
  • Public Finance Management Act, 1999 (Act No. 1 of 1999) as amended by Public Finance Management Amendment Act, 1999 (Act No. 29 of 1999)
  • Public Service Act, 1994 as amended by Act 30 of 2007
  • SITA Act (No. 88 of 1998, as amended by Act 38 of 2002)
  • Skills Development Act, 2003 (Act No. 31 of 2003)
  • Skills Development Levies Act, 1999 (Act No. 9 of 1999)
  • South African Qualifications Act, 1995 (Act No. 58 of 1995)
  • South African Qualifications Regulations
  • Unemployment Insurance Act (Act No. 30 of 1966)