1 Establishment of Social Assistance Appeals Tribunal PORTFOLIO COMMITTTEE PRESENTATION 7 May 2008

2 Purpose 1. Progress on the establishment of the AT 1.1.Ministerial Determination (DSD/SASSA Collaboration) 1.2.Adjudication capacity 2. Current challenges 3.Proposed Protocol (Role of MEC’s) 4. Organizational Structure (DPSA) 5. Recommendations.

3 1: Background (Recap…)

4 Assignment of social assistance to provinces (Appeals Board) Established Appeals Tribunal Organizational Component (DPSA) Funds Flow (NT) Legislative Mandate 2.1.MINMEC approved Model of DSD/SASSA Collaboration SAA, 1992 SAA, 2004 Possible amendments PHASE 1 Until 31/03/06 TRANSITION (DSD/SASSA COLLABORATION) 1/04/ /03/09 POST TRANSITION 1/04/09 - SASSA ADMINISTRATIVE ROLE  Ministerial Determination (s13(1)(a)(b)  SASSA to provide administrative role, provide access to appellants:  Regional Office  District Offices  Local Offices DSD ADJUDICATION ROLE Adjudication function S18 of the SAA, 2004 Independent Panels; Appeal Officers CHALLENGES  No Regional Appeals structures  Appeals backlogs  Role of MEC/Provinces

5 1.2.(a) Adjudication Capability APPEALS OFFICERS (EMPLOYEES) DSD APPEALS TRIBUNAL ADJUDICATION ENVISAGED REGIONAL APPEALS TRIBUNAL APPEALS OFFICER COMPLEMENATRY ENLISTED PANELLISTS COMPOSITION OF TRIBUNAL PANELS PRESIDING CHAIR (LEGAL ADVISOR) MEDICAL ADVSIOR MEMBER OF THE CIVIL SOCIETY TRIBUNAL PANEL

6 1.2.(b)Proposed Interim to medium term intervention Interim Appeals Tribunal Envisaged Full fleshed Appeals Tribunal Allocation R20.5m Backlog of above cases Budget Implications Decentralized or Semi- decentralized Minimalist approach 1/04/08 – 30/06/08 1/04/09 – 31/03/10 1/07/08 – 31/03/09 Appeals Tribunal satellite offices (office lease agreement); MIS interface (Appeals models); Communication strategy and branding Operationalise at least 1 Panel (2 members) per province depending on scale of work; –Option 1 (Semi- decentralized) : Average R 1.5 million p.a (per province) Average R 12.9 million for all nine provinces; –Option 2 (4 Panels Centralized (PTA) R 5.7 million p.a for all provinces on normal appeals –N.B. Excludes appointment of Civil Society members Interim Bulk volume capturing (MIS); Dedicate 4 Panel in KZN for 3 months (reviewable); Appoint 4 Panels to deal with the remaining 8 provinces (PTA) Average costing of professional services: R p.m and R 1.5 million in 3 months; R 5.7 million p.m for all provinces on normal appeals;

7 1.2.(b)Proposed Interim to medium term intervention (contd) Interim Appeals Tribunal Envisaged Full fleshed Appeals Tribunal Allocation R20.5m Budget deficit of more Budget Implications Decentralized or Semi- decentralized Minimalist approach 1/04/08 – 30/06/08 1/04/09 – 31/03/10 1/07/08 – 31/03/09 Appeals Tribunal satellite offices (lease agreement); MIS interface (Appeals models); Communication strategy and branding Professional Services) in KZN; –Option 1 (Minimum 10 cases per day 40 cases per day) 200 cases per week 800 cases p.m cases in three months, 85 % of total workload; Extend by two weeks to finalize High Court matters –Option 2 (4 -8 Panels Centralized (PTA) deal with all provinces: services: R p.m and R 1.5 million in 3 months; R 5.7 million p.m for all provinces on normal appeals;

8 2. Current Challenges

Current Challenges Some of the challenges in the implementation phase: –Office space (1.489m²) in view of the current organizational structure; –Adequate and available Boardrooms for panel sittings; –Adequate funding for semi-decentralized offices in all provinces (at least a panel) especially in managing the backlogs; –MIS implementation and interface by all SASSA Regions (procured through BID Committee, warehouse challenges; –Appointment of Civil society members

SASSA/DSD Collaboration Application Verification Approval Payment SASSA Process/QA & refer to DSD Appeals Registry/data office Appeal Officer: Legal APPEALS TRIBUNAL CENTRE CASE INTEGRATION BY CMO Referral Vary, set aside, payment Decline and Automatic Appeal SASSA Regions Customer Care Capture Forward to HQ Advocacy Groups/Law firms SECRETARIAT PANEL commissioners) Referral to DSD Referral Judicial Review Appeal Officer: Medical Appeal Officer: Policy Case Management Office Appeals Adjudication SASSA HQ Quality Assurance Electronic Forwarding Referral to DSD DSD Appeals Service Centre Individuals

Role of Provinces (continued): The parties to this MOU have a responsibility for its effective implementation: –The main thrust underpinning the MOU is that SASSA Regional Offices through the REM will collaborate with the MEC’s Offices in overseeing that the constitutional right of access to social assistance to applicants and beneficiaries is not compromised in any way; –The Provincial Departments through the offices of the Members of the Executive Council (MEC’s) will perform an oversight function on behalf of the Minister; –The performance of this role should not in any way interfere with the Agency’s responsibility which relates to the administration and payment of social assistance.

Management and Reporting Framework –All Parties acknowledge that in terms of the 2004 Social Assistance Act and the Agency Act, the Agency is responsible and accountable for the social assistance administration and payment services function. –The Agency will, together with the Provincial and National Department Departments, implement a management and reporting framework in order to effectively monitor and manage the envisaged arrangement. –The Minister, the Director-General and the MEC’s hereby agree that the co-operation of the HOD will be required to implement this arrangement and hereby undertake to perform all such actions and all such steps as are necessary in order to ensure the efficient and effective implementation of this Protocol. –The Regional Heads of the Agency would be required to have monthly briefing sessions with the MEC’s and as well as bi-monthly briefing sessions with the HOD’s on all matters of interests relating to the administration and payment of social assistance. –Same reporting and consultations would apply on matters of social assistance policy formulation as well as the activities relating to the Appeals Tribunal.

13 4: Organizational Structure

14 Structure: Appeals Tribunal Centre Executive Officer: Appeals Tribunal Services Directorate: Case Management Office Directorate: Appeals Business Services PANEL Rates per hour Revolving Chief Appeals Officer Appeals Officer Support (data analyst) PANEL Rates per hour Revolving Appeals Officer: Medical Services Appeals Officer: Policy Services Appeals Officer: Legal Support Correspondence Office Reimbursements Office Registry and Workflow Office General Admin Support Office Secretariat x3 IT Maintenance Support Office

15 Proposed Organizational Structure Reporting by the Chief Directorate: HCM DPSA Presentation

16 5: Way forward

17 AT – HIGH LEVEL SCHEDULE September ‘07 October ‘07 January ‘08 November ‘07 December ‘07 February ‘08 March ‘08 April ‘08 Conceptual phase Interim Intervention phase Medium to long term phase Appeals Tribunal Process Infrastructural and structural challenges Project mobilisation, setting up interim capacity Organizational Structure & filling of critical posts Enlist & appoint Panelists (National) Enlist & appoint Panelists (Regional) Ministerial Determination (DSD/SASSA Collaboration) Managing Social Grants Appeals litigations Regional (satellite) structures Business systems interface Appeals Model and mechanism

18 Schedule to manage current backlogs Business Systems Interface Identify needs Adjudication Resources Management of Collaboration Management of litigations Solicit interim measures Provincial Panels Conduct hearings in KZN & PTA Validate Consolidate report Implement solutions Schedule URGENT matters Identify resources ringfence Establish & implement Governance Forums ImplementReview Monitor & Review Validate Review Guidance from NT Review MARC H’08 APRIL ’08 MAY ’08 JUNE ’08 TASKS Establish & implement Resources requisite

19 5. Recommendations 5.It is recommended that EXCO consider and approves as follows: 5.1. Interim venue hire for the AT’s Office accommodation (6-12 months) through Public Works or other mechanisms, ; 5.2. Mandate to HRM, COO’s Office and the line function to explore the establishment of the AT as a government component as contemplated in the Public Service Act amendments; 5.3. The circulation of the draft MOU for inputs to all stakeholders in preparation for MINMEC; 5.4. Based on limited resources, adjudication capability be centralized for the 2008/9, and put a case for decentralized model in 2009/10; 5.5. According to the latest 45 days Court order from KZN High Court on appeals matters; a team from SASSA/DSD as well as panel members will be deployed (max 3 months); 5.6. Appointment of Civil Society members be concluded with appropriate line functions.