Older persons embody a wealth of wisdom, knowledge, and lived experience, and remain integral to South Africa’s social, cultural, and economic life. Yet many continue to face violations of their rights, including abuse, neglect, poverty, inadequate access to healthcare and social grants, malnutrition, and social isolation. Older persons barely afford to live using social grants considering the current tough economic climate. The SAHRC remains deeply concerned about these trends and reaffirms its commitment to protecting and promoting the rights of older persons.

International developments

The Commission notes with appreciation ongoing efforts at the United Nations (UN) towards a dedicated international convention on the rights of older persons. A binding global instrument would strengthen the protection and promotion of older persons’ rights worldwide. The SAHRC supports this process and looks forward to the convention’s adoption by the UN General Assembly once finalised. Such a convention would help ensure that South Africa adheres to international norms and standards for the protection of older persons.

National context and legislation

South Africa is currently considering amendments to the Older Persons Act, 2006 (Act No. 13 of 2006). The draft Amendment Bill seeks to enhance protection from abuse, improve regulation of residential facilities, and strengthen mechanisms for social support. The Commission welcomes this legislative development which prioritises progressive legislation for marginalised and vulnerable groups.

At the same time, the Commission is concerned by delays in finalising and signing the Amendment Bill into law. In the absence of strengthened protections, abuse and neglect continue. The SAHRC urges expeditious passage, promulgation, and implementation of the Bill, accompanied by clear regulations, adequate budget allocation, and robust oversight.

Urgent priorities

To translate rights into reality for older persons across South Africa, the SAHRC calls for coordinated action on the following priorities:

1. Prevent and respond to abuse:
• Improve police visibility and response times, particularly in communities where elder abuse is prevalent.
• Provide specialised SAPS training on elder abuse, domestic violence, financial exploitation, and case management. Community and families to play a protective role against older persons abuse and exploitation.
• Protection of the elderly against evictions especially in farms where they are being denied access to graves.
• Ensure accessible reporting pathways and survivor‑centred services.
2. Education and community mobilisation:
• Integrate ageism awareness and elder‑abuse prevention into school curricula and Life Orientation.
• Partner with churches, faith‑based organisations, traditional leaders, and community structures to promote respect and inclusion.

1. Rural inclusion and access:
• Expand mobile and outreach services so that older persons in rural and remote areas can access identity documents, social grants, healthcare, and legal assistance.
• Improve transport support and accessible communication in all official languages.
2. Social protection, care and nutrition:
• Streamline access to the Older Persons Grant and complementary food‑security programmes to provide additional help as social grants on its own cannot cater for their day-to-day needs.
• Government should consider conducting a thorough review of older persons grant as complaints received from older persons indicate that they are barely surviving considering added responsibility of using grant money to take care of their families.  
• Expand home‑ and community‑based care, caregiver support, and regular inspections of residential facilities to ensure quality and safety.
3. Data, monitoring and accountability:
• Develop better mechanisms to collect and use disaggregated data on the diverse needs of older persons including housing, food, social grants, identity documents, and healthcare to inform policy and resource allocation.
• Establish routine public reporting and inter‑departmental data‑sharing to track progress and close gaps.

What the SAHRC will do

The Commission will:

• Intensify monitoring, investigations, and where appropriate litigation on violations of older persons’ rights.
• Conduct inspections and engage duty bearers across government to address systemic barriers.
• Provide human‑rights education and training to public officials, service providers, and communities.
• Make detailed submissions on the Older Persons Amendment Bill and track its implementation.
• Advocate for South Africa’s leadership in the development and swift ratification of the UN convention on the rights of older persons once adopted.

Call to action

The SAHRC calls upon government, civil society, the private sector, communities, and individuals to work together to ensure older persons enjoy their rights in practice, not only in principle. We call for the end of abuse of older persons. Let us honour the contributions of older persons and commit to building a society where all older persons live in dignity, safety, and security.

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ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION