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Retired Municipal Employees' Association (Durban)
22 December
1994.
The Rights ofthe Elderly.
In response to the
invitation to make submissions on matters of relevance to the Constitutional
Assembly, as published in the Sunday
Tribune newspaper on 18‑12-1994, 1
wish to make representations to Theme Committees I and IV with respect to the
disadvantaged
conditions suffered by the elderly, irrespective of race or sex.
These submissions are not intended to be confined to elderly persons
who are
represented by this Association but rather to the elderly, generally, in South
Africa.
Prior to retirement the vast majority of workers enjoy
protection under labour legislation and, through trade unions, possess the means
of addressing their grievances and
promoting their benefits. Conversely, the
worker when required to retire is deprived ofthis assistance and is
disenfranchised by
the erstwhile trade union, pension fund or medical aid
scheme, and is left without a forum of negotiation or avenue of appeal against
discrimination.
In fact, retirement associations lack legitimacy in their
dealings with authority as demonstrated by the experience of this Association
when it lodged representations with the'Melamet Commission of Enquiry into the
Manner of Providing for Medical
I
Expenses'. The evidence, submitted
under registered cover, did not even attract an acknowledgement of
receipt!
In my experience it is a rarity for retired persons or any
organisation representing their interests to be officially consulted to
ascertain their feelings
and opinions on any subject under consideration.
This is regrettable as it is the elderly person alone, pensioner or retiree, who
can fully appreciate
the circumstances with which he or she has to contend and
that there is no doubt the feelings, needs and conditions differ substantially
from those of younger generations.
The elderly constitute an independent
interest group and therefore should be afforded the opportunity to make their
own input and
be properly represented in the decision making process relating to
their own affairs.
It will no doubt be recalled that the United Nations
General Assembly approved on 16-12-1991 the'Declaration ofthe Rights ofthe
Elderly'which
included the following principles-.-
1. Older persons should
participate actively in the formation and implementation of policies that
directly affect their well-being.
2. They should have access to social
and legal services to enhance their autonomy, protection and
care.
3. Older persons should be able to form movements or
associations.
4. They should have the right to make decisions about their
care and the quality oftheir lives.
5. They should be treated
fairly regardless of age, gender, racial or ethnic background, disability or
other status and be valued independently
of their
I 'but'
econom c
contribution ion.
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it is my belief that
the elderly as a group rank highly in the category of disadvantaged persons in
South Africa and, with a view
to rectify any injustices, the remedies should
include the following:-
F irstly the United Nations General Assembly's
"Declaration of the Rights of the Elderly" should be written into the
constitution
of South Africa.
Secondly the Government should include a
Ministry of Elderly Persons Affairs charged with responsibility for 1)
overseeing legislation
affecting, directly or indirectly, the well-being of such
persons with adequate authority to intervene in any 'matter considered to
be detrimental to them, and ") taking such steps as may be
deemed desirable
to promote the interests ofthe Elderly.
Thirdly
I
, amendment of the labour legislation where necessary to provide for
the power to adjudicate in matters concerning retired employees.
It is
requested that these matters be considered by the Constitutional
Assembly,
please.
Yours faithfully,
D. J.
POPLETT
Chairman.
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