OLDER PERSONS AMENDMENT ACT SIGNED INTO LAW, STRENGTHENING PROTECTION AND CARE FOR OLDER PERSONS

By Precious Mupenzi

• •⁠ ⁠Presidential Assent and Legal Reform: The Older Persons Amendment Act has been signed into law, modernising South Africa’s framework for the protection and care of older persons.
  •⁠ ⁠The Act strengthens monitoring, enforcement and accountability across care facilities and services, enabling faster intervention where older persons are at risk.
  •⁠ ⁠Extensive consultations and public hearings across all nine provinces ensured that the voices of older persons directly shaped the legislation.

The Older Persons Amendment Act, 2025 (Act No. 01 of 2025) has been officially signed into law, marking a significant milestone in strengthening the protection, care, and dignity of older persons in South Africa. The Act was assented to by the President of the Republic of South Africa, Cyril Ramaphosa, on 3 November 2025 and subsequently published in Government Gazette No. 6816 on 6 November 2025. The legislation formally amends the Older Persons Act, 2006 (Act No. 13 of 2006).
The legislative reform comes at a critical time as South Africa’s ageing population continues to grow, placing increasing pressure on care systems, social services and protection mechanisms. The Amendment Act responds to these challenges by modernising the legal framework governing services for older persons, strengthening safeguards against abuse, neglect and exploitation, and reinforcing accountability across the sector.

What the Amendment Act Introduces

According to the explanatory note published in the Government Gazette, the Amendment Act introduces a range of reforms aimed at improving implementation, oversight and service quality for older persons.
Key amendments include:
•⁠ ⁠The introduction of new and updated definitions, including assisted living facilities, as well as clearer definitions of care and caregivers to reflect evolving models of care;
•⁠ ⁠Strengthened provisions relating to the monitoring and evaluation of all services provided to older persons;
•⁠ ⁠Measures permitting the removal of older persons to temporary safe care without a court order in circumstances where their safety or well-being is at immediate risk;
•⁠ ⁠Enhanced compliance and enforcement mechanisms to strengthen accountability; and
•⁠ ⁠Textual amendments to improve clarity, consistency and legal certainty within the Act.
Collectively, these reforms seek to close long-standing implementation gaps, strengthen oversight of care facilities and services, and ensure that older persons receive care that upholds their dignity, safety, and overall well-being.

What It Means for Older Persons and the Public

For older persons and their families, the Amendment Act reinforces protection against abuse, neglect and exploitation, including ageism and violations of property and inheritance rights. Importantly, it enables authorities to act more swiftly in situations where older persons are found to be at risk, reducing procedural delays that could otherwise endanger lives.
The Act also promotes coordinated service delivery across government departments and service points, while reinforcing the role of families and communities in safeguarding the well-being and rights of older persons.

Strengthening the Mandate of the Department of Social Development

For the Department of Social Development (DSD), the Amendment Act strengthens its mandate as the custodian of welfare services for older persons. It enhances the Department’s capacity to regulate, monitor and evaluate care services, while improving coordination with provincial departments, municipalities and civil society organisations.
The legislation further reinforces professional standards for caregivers and service providers, ensuring that appropriately trained and accredited individuals deliver services in line with national norms and standards.

An Inclusive and Consultative Legislative Process

Reflecting on the process leading to the promulgation of the Act, Ms Civil Legodu, Programme Manager for Older Persons, highlighted the extensive consultative work undertaken by the Department in partnership with Parliament and stakeholders in the ageing sector. This process included engagements with various government departments on their respective roles and responsibilities in implementing the Bill.
Ms Legodu described achieving consensus on several key areas of concern as a significant milestone. The Bill was subsequently debated and adopted by both Houses of Parliament.
She further noted that, alongside the Protocol on the Management of Elder Abuse, the Department has initiated ongoing training to strengthen implementation. She emphasised that effective reporting of elder abuse cases remains critical to ensuring successful prosecution and reinforcing the Department’s commitment to the protection, care and dignity of older persons.
Improved reporting, she explained, will also support the effective utilisation of the Older Persons Abuse Register (OPAR). Currently, under-reporting and inconsistent reporting practices make it difficult to establish accurate figures. The Amendment Act seeks to strengthen coordination and improve the effective management of reported cases of elder abuse.
Ms Legodu also acknowledged the contribution of Legal Services in the journey towards promulgation and commended the bravery of older persons who participated in public hearings. She noted their strong presence and active engagement, which elevated the voices of older persons on matters affecting their rights, dignity, integrity and well-being.
Public hearings and consultative sessions were held across all nine provinces during two rounds, led by the Portfolio Committee on Social Development and the Select Committee on Social Services, as well as by the National Assembly and the National Council of Provinces.
The Department further acknowledged the role of the South African Older Persons Forum (SAOPF) throughout the process, including the appreciation expressed by its Chairperson, Mr Kgosietsile Sehularo, for achieving this milestone.

Next Steps: Regulations and Implementation

Following the promulgation of the Act, the Department will embark on the development of Regulations to ensure effective implementation. This process will involve extensive consultation with key stakeholders to clarify roles and responsibilities and to ensure that quality services are delivered to older persons in line with institutional mandates.

A Milestone for Older Persons

Welcoming the promulgation of the Act, DSD Deputy Director-General: Welfare Services, Ms Siza Magangoe, said the amendments reflect government’s firm commitment to protecting older persons.
“The Older Persons Amendment Act marks a critical milestone in strengthening the care, protection and support of older persons in South Africa. It equips the Department to intervene more effectively where older persons are at risk, strengthens oversight of facilities and services, and reinforces accountability across the sector. At its core, this law affirms the dignity, safety and rights of older persons as a national priority. Furthermore, the Act serves as an important instrument to assist the sector in curbing gender-based violence and femicide experienced by older persons,” said Magangoe.