Older Persons Amendment Act Gazetted

Posted 04 June 2025 Written by Acts Online
Category Social Development

Brought to you by SA Legal Academy: The Older Persons Amendment Act has been gazetted following its signing into law, though it is not yet in force. The legislation introduces significant changes to the protection and care of older persons, specifically regarding emergency safe care and institutional compliance.

In terms of the legislative process, the Older Persons Amendment Act was gazetted on 6 November 2025. This follows the National Assembly’s Social Development Committee endorsing amendments proposed by the National Council of Provinces (NCOP) to the Older Persons Act, No. 13 of 2006.

Once operationalised by the President, the Act will introduce several regulatory shifts:

  • Authorities will be empowered to move an older person to temporary safe care without a court order in specific circumstances.
  • New mechanisms will be established to address challenges in inter-sectoral co-ordination.
  • Enhanced institutional compliance requirements will be applied to community-based and residential care facilities.

During the legislative process, the South African Police Service (SAPS) raised concerns regarding the practicalities of implementing safe care removals. The Department of Social Development has indicated that these implementation details, including the specific procedures for moving older persons without a court order, will be addressed in forthcoming regulations.

Click here to download the Older Persons Amendment Act.

What this means for you, your business, or your clients

  • For yourself: No direct individual obligations; impact is channelled through professional advisory roles regarding social development and elder law compliance.
  • For your business: Operators of community-based and residential care facilities must review their internal protocols to ensure they align with new inter-sectoral co-ordination and institutional compliance standards once the Act is in force.
  • For your clients: Clients managing care facilities or representing vulnerable older persons must be advised on the new statutory power allowing authorities to move individuals to safe care without a court order, and the subsequent regulatory requirements that will govern this process.

Originally published at https://legalacademy.co.za/news/read/parliament-older-persons-amendment-bill-passed

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