Establishment of Social Assistance Appeals Tribunal

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. 2.1.MINMEC approved Model of DSD/SASSA Collaboration PHASE 1 Until 31/03/06 TRANSITION (DSD/SASSA COLLABORATION) 1/04/06 - 31/03/09 POST TRANSITION 1/04/09 - Assignment of social assistance to provinces (Appeals Board) 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 • S18 of the SAA, 2004 • Independent Panels; • Appeal Officers CHALLENGES • No Regional Appeals structures • Appeals backlogs • Role of MEC/Provinces SAA, 1992 SAA, 2004 SAA, 2004 Possible amendments Legislative Mandate

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

6. 1.2.(b)Proposed Interim to medium term intervention 1/04/08 – 30/06/08 1/07/08 – 31/03/09 1/04/09 – 31/03/10 Interim Appeals Tribunal Decentralized or Semi-decentralized Minimalist approach Envisaged Full fleshed Appeals Tribunal • 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: • KZN @ R 476 160.00 p.m and R 1.5 million in 3 months; • PTA @ R 5.7 million p.m for all provinces on normal appeals; • 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 • Appeals Tribunal satellite offices (office lease agreement); • MIS interface (Appeals models); • Communication strategy and branding Allocation R20.5m Backlog of above 45 000 cases Budget Implications

7. 1.2.(b)Proposed Interim to medium term intervention (contd) 1/04/08 – 30/06/08 1/07/08 – 31/03/09 1/04/09 – 31/03/10 Interim Appeals Tribunal Decentralized or Semi-decentralized Minimalist approach Envisaged Full fleshed Appeals Tribunal • services: • KZN @ R 476 160.00 p.m and R 1.5 million in 3 months; • PTA @ R 5.7 million p.m for all provinces on normal appeals; • Professional Services) in KZN; • Option 1 (Minimum 10 cases per day • 40 cases per day) • 200 cases per week • 800 cases p.m • 2 400 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: • Appeals Tribunal satellite offices (lease agreement); • MIS interface (Appeals models); • Communication strategy and branding Allocation R20.5m Budget deficit of more Budget Implications

8. 2. Current Challenges

9. 2.1. 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

10. 2.4. SASSA/DSD Collaboration SASSA Process/QA & refer to DSD Advocacy Groups/Law firms Application Verification Approval Payment Decline and Automatic Appeal • SASSA Regions • Customer Care • Capture • Forward to HQ • SASSA HQ • Quality Assurance • Electronic Forwarding • Referral to DSD • DSD • Appeals Service Centre Individuals APPEALS TRIBUNAL CENTRE Referral to DSD Appeal Officer: Medical Appeals Registry/data office Case Management Office Appeals Adjudication Appeal Officer: Legal Appeal Officer: Policy Referral Vary, set aside, payment • CASE INTEGRATION BY CMO Referral PANEL commissioners) SECRETARIAT Judicial Review

11. 3.2.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.

12. 3.3. 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: OrganizationalStructure

14. Structure: Appeals Tribunal Centre Executive Officer: Appeals Tribunal Services Appeals Officer: Medical Services • Directorate: Appeals Business Services Directorate: Case Management Office • Chief Appeals Officer Appeals Officer: Policy Services Reimbursements Office Appeals Officer: Legal Support Correspondence Office Appeals Officer Support (data analyst) Secretariat x3 Registry and Workflow Office General Admin Support Office • PANEL • Rates per hour • Revolving PANEL Rates per hour Revolving 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 Appeals Tribunal Process April ‘08 March ‘08 September ‘07 December ‘07 October ‘07 November ‘07 January ‘08 February ‘08 Conceptual phase Project mobilisation, setting up interim capacity Appeals Model and mechanism Organizational Structure & filling of critical posts Interim Intervention phase Enlist & appoint Panelists (National) Managing Social Grants Appeals litigations Ministerial Determination (DSD/SASSA Collaboration) Medium to long term phase Enlist & appoint Panelists (Regional) Regional (satellite) structures Business systems interface Infrastructural and structural challenges

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

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.