Establishment of an Independent Social Assistance Appeals Tribunal PORTFOLIO COMMITTEE (PROGRESS REPORT) 25 June 2008

Presentation Overview Background Progress at National: PTA Progress on the pilot in KZN 4. Progress on the Appeals business process 5. Communication strategy 6. Conclusion

1. Background

1. Regulatory framework Social Assistance Act, 2004 Social Assistance Regulations, 2005 Current mandate derived from reg 18 of 2005; Appointment of the tribunal members to consider appeals; Process of developing transitional conditions that will be gazetted as required by Act initiated and due consultation to follow

2.Recap Previous presentations at PC: a) Collaboration with SASSA; b) Pilot office in KZN; c) Centralised office at Pretoria d) Decentralised model: 2009/10 e) Business system to interface with SASSA

A: Proposed workflow processes SASSA/DSD COLLABORATION (15/02/08 – 31/03/09) A PROCESS DSD NATIONAL APPEALS TRIBUNAL SASSA HQ (QA) REGIONAL Receive pre-adjudication info & forward ACCESS TO APPELANTS ACCESS TO APPELANTS Case Management and analysis B PROCESS ADJUDICATION Panels Secretariat DISTRICT Receive pre-adjudication info & escalate C PROCESS LOCAL Help Desk Distribute appeal forms Guidelines & escalate Develop Supply forms, guidelines ADMINISTRATIVE ROLE ADJUDICATION ROLE

B. Management of the Independent Tribunal Adjudication Function TRANSITION (DSD/SASSA COLLABORATION) 1/04/06 - 31/03/09 POST TRANSITION 1/04/09 - SASSA ADMINISTRATIVE ROLE DSD ADJUDICATION ROLE Established Appeals Tribunal Organizational Component (DPSA) Funds Flow (NT) Ministerial Determination (s13(1)(a)(b) SASSA to provide administrative role, provide access to appellants: Regional Office District Offices Local Offices Adjudication function Pre-adjudication assessment Adjudication by appointed tribunal members Document and oral hearing CHALLENGES Financial constraints to decentralize in 2008/9 Infrastructural and structural outlay SAA, 2004 as amended SAA, 2004 Legislative Mandate

2. Functioning of the IT: National

National progress Minister has appointed tribunal members Composition: Civil society members Medical practitioners Legal practitioners Terms and conditions of appointment including remuneration based on DPSA/NT guidelines; Centralised/outreach to local or district offices

Progress in KZN (PILOT)

PRE- ADJUDICATION ACTIVITIES CASE MANAGEMENT OFFICE PILOT IN KZN 4 000 Reception 3 250 PRE- ADJUDICATION ACTIVITIES DATA/INFO UNIT Registry Call Centre CASE MANAGEMENT OFFICE KEY STAKEHOLDERS Referral back for info ADJUDICATION OFFICE 3 250 LEGAL ASSESSMENT MEDICAL ASSESSMENT 3 250 SASSA Regional District Local Adjudication Decision DOCUMENTARY REVIEW Confirm, Vary, Set aside, Any just decision APPELLANT REPRESENTATIVE or Post Adjudication Office ORAL HEARING PAJA s7(2) JUDICIAL REVIEW

4. Appeals Business Process and Systems

Appeals System Intervention 21,032 appeals processed as at 20th June Quality Control 3,522 (30%) of appeals quality assured as at 20th June 2% error rate 8,232 (67%) cellphone numbers supplied Identification of priority KZN files from file of 1,500 provided Region and district displayed on barcode to assist with Pre-adjudication process Incomplete files – critical doc missing indicated on barcode to assist SASSA and improve turnaround time

Activities 10,848 1,412 12,260 8,772 21,032 REGION APPEALS WITH DATE WITHOUT DATE TOTAL COMPLETE FILES EXCEPTION IDENTIFIED PROCESSED KZN PRIORITIES CAPTURED FILED EASTERN CAPE 11 111 122 905 1,027 - FREESTATE 2 1 3 178 181 GAUTENG 233 411 891 1,302 10,648 1,049 11,697 5,922 17,619 67 860 LIMPOPO 23 MPUMALANGA 6 12 130 142 NO REGION 315 NORTHERN CAPE 36 NORTH WEST 72 WESTERN CAPE 15 300 10,848 1,412 12,260 8,772 21,032 TOTAL READY FOR ADJUDICATION

5. Proposed Communication strategy

A: Communication strategy Draft standard operation procedures Communication material to be prepared incl: The right to appeal, How to appeal The appeal process; Unsuccessful appeal; Forms, e.g. application, outcome, referral Community outreach at SASSA local and district offices Local radio stations

6. Conclusion 6.1. Progressive enhancement through the business system; 6.2. Schedules are under control despite challenges with attendance; 6.3. Mechanisms to use cell-phones to contact and invite appellants 6.4.Lessons to upscale with more panel; 6.5. Ongoing monitoring and review of processes