Not enough measures to protect the elderly

World Elder Abuse Day was commemorated recently. POST spoke to officials from old-age homes and associations, as well as social workers, about elder abuse in areas of Durban.

THERE are not enough measures to protect the elderly in South Africa against violence and abuse.

This is according to the SA National Older Persons Forum, which recently commemorated World Elder Abuse Day.

Roedolf Kay, the national co-ordinator at the forum, said the prevalence of abuse in communities and family units was prevalent and under-reported.

“More older persons live in communities than in retirement villages or care facilities, and perpetrators of abuse are frequently family members.

“In South Africa, research on elder abuse is limited. National elder abuse statistics do not fully reflect the extent of the abuse.”

Kay said if reported, the abuse might be classified differently – for example, physical abuse could be classified as domestic violence, or financial abuse could be classified as theft or fraud.

“No acknowledgement, as far as I am aware, is made about the crime being against an older person.

“Older people are also afraid to speak out and report incidents due to recrimination and often the unwillingness of the police to take charge.”

He said the Older Persons Act (13 of 2006) stated that any person who abused an older person was guilty of an offence.

“Instances of abuse reported in the media are a fraction of the extent of the problem and seldom lead to investigation and, if substantiated, prosecution.

“Many police officers are still uninformed about abuse cases in which older persons are the victims. There are no itemised crime statistics available on the abuse of older persons. No dedicated national helpline exists as a way for older persons to report abuse.”

“Many SAPS members also do not even know of the Older Persons Act or the national instruction issued by SAPS. The instruction clearly states in Section 3(3) that older persons are different from other individuals that might not have the same knowledge, experience, and insight normally expected from any person.”

He said this should prompt the police to deal with older persons with special care and attention.

“The opposite, however, often transpires. Older persons are reporting that they are being treated with disregard and impatience by SAPS members. Older persons are reporting that they are often not treated with respect by SAPS members, while social workers that are assisting older persons to report cases of abuse are reporting that many SAPS members are not even aware of the Act.”

Kay said prosecutors should also follow through where there was evidence of abuse despite the abused older person’s unwillingness to testify against the perpetrator.

“In many instances, older persons are unwilling to testify against children and relatives because they do not want to see their children convicted of a crime or they are dependent on that child or relative.”

He said facilities in courts for older persons to testify in camera as opposed to facing their abuser are not always available.

“In one such case reported to us by a colleague, the facility was unavailable, leaving the older person to testify directly facing her abuser. This was a terrifying situation for the older person.”

Verulam

Fathima Khan-Harripershad, director of the Verulam Frail and Daycare Centre, said they had three to four cases of abuse a month.

“The victims are primarily women and are generally 70 years and older. They are neglected and psychologically, emotionally, physically, sexually and financially abused.”

She said some cases of financial abuse included the victims being exploited for their grants, their cash investments, or families being under-handed with their ownership of property and assets.

“The older person is sometimes coerced into signing documents regarding money or property. The power of attorney role is misused at times.

“Neglect is also common. We have had cases where the elderly are not provided with basic necessities like proper food, clothing, treatment when ill, medication, shelter, safety and protection. Sometimes they are abandoned.”

She said two factors that contributed to the abuse were older persons being illiterate and a lack of education.

Khan-Harripershad said it was challenging to prosecute abusers.

“The older persons are reluctant to

address the matter legally at times, especially if family members are involved, like their children. The older person lacks knowledge at times, places faith and trust in family or guardians pending signatures to documents, which makes it difficult to address abuse legally.”

She said medical or mental conditions also made it difficult for older persons to defend themselves in court.

“Sometimes the patients are too ill and any legal intervention might deteriorate their condition because it is stressful for an elderly person. Matters often go unreported because older persons are afraid of the legal processes.”

Merebank

Sharin Rajman, an executive member of the Durban Association for the Aged (Dafta) and chairperson of the Durban South Service Centre (DSSC) Merebank, said they received between 21 and 25 complaints of elder abuse a month.

DSSC Merebank is affiliated with Dafta. They provide assistance, care and social activities to the aged in the area.

Rajman said in recent weeks, two cases stuck out for her.

“In one incident, a daughter fed her 80-year-old mother rotten eggs. In the other, a 75-year-old man was assaulted by his son. The father, who was still working to support their home, was beaten to a pulp after he refused to give his son, a substance abuser, money to feed his habit.

“Elders must speak out. There are several organisations and social workers available to assist. The community must also report elder abuse. We have seen

that today’s generation has no empathy for the elderly.”

She said they received complaints that included financial, emotional, physical and sexual abuse. This included complaints about children and grandchildren taking or stealing their grandparents’ old-age grants.

Rajman said elders also reported being neglected.

“Daughters or daughters-in-law fail to give the elders medication or food on time. Many elders are physically challenged, blind or have dementia. They cannot fend for themselves and rely on their families. What is devastating is when we get reports of alleged sexual abuse. The child or grandchild, who is a substance abuser, tries to have sexual relations with the grandmother.”

She said they have received complaints of children attempting to swindle the elderly out of their homes.

“This is one of the regular complaints. The child will tell the mother or father, who is unable to read or write, that they want to do renovations and take a bond on the house.

“The parents sign, only to find out it was a sale and purchase agreement. They are then left homeless and relatives question them. But it is not their fault as they trusted their child.”

Chatsworth

Cheryl Naidoo, the manager of Dafta, said their Chatsworth centres averaged around three to five cases of elder abuse a month.

“Sometimes we get cases of physical abuse, but it’s mostly psychological and financial abuse cases. We also have families that can no longer care for their elderly due to work schedules and having busy lives.

“These are not exactly cases of neglect, but rather an awareness by family members that they are no longer able to give the adequate care that the elderly member needs.”

Dafta in Chatsworth has three service centres, which are daycare centres responsible for looking after elderly victims of abuse by providing meals, psycho-social support and empowerment talks.

Naidoo said in Chatsworth the elderly were also coerced into transferring their properties to their children.

“The elderly are disempowered in our community and that has to change.”

Naidoo said another challenge was that some elders do not disclose the abuse they experience.

“When social workers monitor a situation in a particular household, they are powerless if the victim is afraid to speak against the abuse.

“Some cases are taken to court on the elder’s behalf but are later dropped on the request of the victim. A lot of them are afraid of retaliation.”

A social worker from the area, who declined to be named, said most of the abuse was by family and friends.

“It’s rare to have a case where the victim is abused by someone they don’t know.”

He said social workers struggled to find shelters to keep the victims of severe abuse.

“There is too much red tape. The waiting list is extensive and sometimes shelters charge exorbitant fees, which we cannot afford.

“There have also been Covid-19 vaccine policies whereby certain shelters cannot take a victim if they are not vaccinated. This impedes their right to bodily autonomy.

“There are also disability criteria, where a shelter will refuse to house severely disabled persons or persons whose mental illness is too severe.”

He said the Department of Social Development must provide more shelters for elderly care and for reformation of the legislation that governed social work.

“There is a level of discrimination to all these barriers and we need more diversified shelters that cater to all elderly abuse victims.”

Phoenix

Naidoo, who also oversees Dafta operations in Phoenix, said many elders sought institutional care as their families could not care for them.

“A large number of elders are dependent on old-age grants. They are therefore unable to meet the basic needs of food, housing and medical expenses. The monthly grant is insufficient to sustain their livelihoods.”

A Phoenix social worker, who also declined to be named, said one of the contributing factors that led to elder abuse was family conflicts.

“Some children also don’t take care of their parents. There may be financial constraints, the children may be unable to arrange home-based care, or poverty and substance abuse by the grandchildren results in the elders suffering mental health problems.”

She said some elders signed their properties to their children as they could not pay the bonds.

“Now, years later, they have been pushed aside or are evicted due to family conflict. Another challenge is where older persons, who never married or had children, are left vulnerable when extended families are not available to care for them. Many elderly folks also face stigmatisation over their health conditions such as HIV/Aids and mental health issues.”

She said only one or two cases were reported to them a month and it was often difficult to open criminal charges due to a lack of evidence.

“We mainly receive cases of psychological or emotional abuse, sometimes financial. A challenge is also where false reporting happens. Communities need to understand that adults sometimes choose to live in certain circumstances – since they lived like that all their lives and do not see anything wrong with it."

The social worker believes the justice system should investigate every report lodged with the police or the courts.

“At times victims are sent away with just protection orders and the perpetrators do not even attend court.

“Elderly abuse protocols should change. Cases should be investigated within 24 hours. For example, doing a physical examination provides proof to the police and social workers.”

Tongaat

Jo Moodley, the social work manager at the Tongaat Child and Welfare Society, said elderly abuse was not their primary focus.

However, they do intervene to ensure some level of safety.

She said they then refer the cases to the Department of Social Development.

Mhlabunzima Memela, spokesperson for the department in KwaZuluNatal, said while Dafta handled some of the cases in oThongathi (Tongaat) most of the cases were referred to them. He said the department dealt with at least one case of elderly abuse from Tongaat a month.

The common types of abuse were emotional and financial but they also received cases of physical, psychological and sexual abuse.

“In many cases, there are family members who fight over elderly people’s assets. For example, a family would fight over a house owned by an elderly person, convincing or demanding ownership. In such cases, counselling is rendered and conflict resolution.”

He said while Tongaat did not have many cases of elderly abuse, other parts of KZN did.

“One brutal incident reported was from Ndengezi area where an elderly person with dementia was killed while she was visiting the Sassa offices in Pinetown.

“She was severely beaten and strangled before her body was thrown to the bush.

“Two months ago, we had another case in KwaDabeka where an elder was killed by her abusive son who was an officer of the law.”

In cases where the elderly are in distress or experiencing ill-treatment or abuse, he said the department intervened by removing the elder to an oldage home or care facility.

“The department provides support to the family, including psycho-social support, trauma debriefing and trauma containment.

“Across the province, social workers are conducting educational campaigns with regard to the protection of older persons.

“The protection of older persons is a societal challenge and every member must ensure they play their role.”

He said older people are encouraged to participate in community-based care services at service centres.

They will be provided with social support and weekly activities such as sports, dialogues, and talks over issues that affect them.

“Sharing their experiences also helps older persons to de-stress.”

The police and the NPA did not comment at the time of publication.