Establishment of
Social Assistance
Appeals Tribunal
PORTFOLIO COMMITTTEE
PRESENTATION
7 May 2008
1
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.
2
1: Background
(Recap…)
3
2.1.MINMEC approved Model of DSD/SASSA
Collaboration
PHASE 1
Until
31/03/06
Assignment of
social
assistance to
provinces
(Appeals
Board)
TRANSITION
(DSD/SASSA COLLABORATION)
1/04/06 - 31/03/09
SASSA ADMINISTRATIVE
ROLE


Ministerial Determination
(s13(1)(a)(b)
SASSA to provide
administrative role, provide
access to appellants:
DSD ADJUDICATION
ROLE
Adjudication function
•
•
•
S18 of the SAA, 2004
Independent Panels;
Appeal Officers
Regional Office
District Offices
Local Offices
POST TRANSITION
1/04/09 -
Established
Appeals
Tribunal
•Organizational
Component
(DPSA)
•Funds Flow
(NT)
CHALLENGES
SAA,
1992
SAA,
2004

No Regional Appeals
structures

Appeals backlogs

Role of MEC/Provinces
SAA, 2004
Possible amendments
Legislative Mandate
4
1.2.(a) Adjudication Capability
DSD
APPEALS TRIBUNAL
ADJUDICATION
APPEALS
OFFICERS
(EMPLOYEES)
ENVISAGED REGIONAL
APPEALS TRIBUNAL
APPEALS OFFICER
TRIBUNAL PANEL
COMPLEMENATRY
ENLISTED
PANELLISTS
TRIBUNAL PANEL
TRIBUNAL PANEL
TRIBUNAL PANEL
COMPOSITION OF TRIBUNAL PANELS
•PRESIDING CHAIR (LEGAL ADVISOR)
•MEDICAL ADVSIOR
•MEMBER OF THE CIVIL SOCIETY
5
1.2.(b)Proposed Interim to medium term intervention
1/04/08 –
30/06/08
Interim 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;
•
1/07/08 –
31/03/09
1/04/09 –
31/03/10
Decentralized or Semidecentralized
Minimalist approach
Envisaged
Full fleshed
Appeals Tribunal
Operationalise at least 1 Panel
(2 members) per province
depending on scale of work;
– Option 1 (Semidecentralized) :
•
•
–
Allocation R20.5m
•
•
Appeals Tribunal satellite
offices (office lease
agreement);
MIS interface (Appeals
models);
Communication strategy
and branding
Option 2 (4 Panels
Centralized (PTA) :
•
–
Average R 1.5 million
p.a (per province)
Average R 12.9 million
for all nine provinces;
•
@ R 5.7 million p.a for
all provinces on normal
appeals
N.B. Excludes
appointment of Civil
Society members
Backlog of above 45 000 cases
Budget Implications
6
1.2.(b)Proposed Interim to medium term intervention (contd)
1/04/08 –
30/06/08
Interim 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;
•
1/07/08 –
31/03/09
1/04/09 –
31/03/10
Decentralized or Semidecentralized
Minimalist approach
Envisaged
Full fleshed
Appeals Tribunal
Professional Services) in KZN;
– Option 1 (Minimum 10
cases per day
•
•
•
•
•
–
Allocation R20.5m
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
•
•
•
Appeals Tribunal satellite
offices (lease agreement);
MIS interface (Appeals
models);
Communication strategy
and branding
Option 2 (4 -8 Panels
Centralized (PTA) deal
with all provinces:
Budget deficit of more
Budget Implications
7
2. Current Challenges
8
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
9
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
APPEALS TRIBUNAL CENTRE
Appeals
Registry/data office
Referral
Vary, set aside,
payment
Case Management
Office
Appeals
Adjudication
•CASE INTEGRATION BY CMO
SECRETARIAT
Individuals
DSD
•Appeals Service
Centre
Referral to DSD
Appeal Officer:
Medical
Appeal Officer:
Legal
Appeal Officer:
Policy
Referral
PANEL
commissioners)
10
Judicial
Review
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.
11
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.
12
4: Organizational
Structure
13
Structure: Appeals Tribunal Centre
Executive Officer: Appeals
Tribunal Services
Appeals Officer:
Medical Services
Directorate: Appeals
Business Services
Directorate: Case
Management Office
Reimbursements
Office
Correspondence
Office
Registry and
Workflow Office
Appeals Officer
Support (data
analyst)
Chief Appeals Officer
Appeals Officer:
Policy Services
Appeals Officer:
Legal Support
Secretariat x3
General Admin
Support Office
IT Maintenance
Support Office
PANEL
PANEL
•Rates per hour
•Revolving
Rates per hour
Revolving
14
Proposed Organizational Structure
Reporting by the Chief Directorate: HCM
DPSA Presentation
15
5: Way forward
16
AT – HIGH LEVEL SCHEDULE
Appeals Tribunal Process
September
‘07
October
‘07
November
‘07
December
‘07
January
‘08
February ‘08
March ‘08
April ‘08
Project mobilisation, setting up interim capacity
Conceptual
phase
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)
Enlist & appoint Panelists (Regional)
Medium to
long term
phase
Regional (satellite) structures
Business systems interface
17
Infrastructural and structural challenges
Schedule to manage current backlogs
TASKS
MARC
H’08
APRIL
’08
Business
Systems
Interface
Identify needs
Solicit interim
measures
Adjudication
Schedule
URGENT
matters
Conduct
hearings in
KZN & PTA
Resources
Identify
resources
ringfence
Management
of
Collaboration
Establish &
implement
Resources
requisite
Establish &
implement
Governance
Forums
Management
of litigations
Validate
Validate
Implement
MAY
’08
Implement
solutions
Provincial
Panels
Review
Monitor &
Review
Consolidate
report
JUNE
’08
Review
Review
Review
Review
Guidance from
NT
18
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
19
appropriate line functions.