Public Petition

Civil Society of the Republic of South Africa Petition

Regarding the implementation of the new NPO Sector Funding Policy

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The Petition

Addressed to:

  • The Minister of Social Development — HSRC Building, 134 Pretorius Street, North Wing, Pretoria (Private Bag X901, Pretoria, 0001)
  • The Director-General, Department of Social Development
  • Provincial Heads of the Department of Social Development — 208 Hassen Haffejee Street, Pietermaritzburg
  • Durban Cluster — P.O. Box 1503, Durban 4000 · Tel: 031 336 8704

We, the undersigned representatives of Non-Profit Organisations (NPOs), community-based organisations, beneficiaries, and concerned stakeholders, respectfully petition the Department of Social Development to urgently review the implementation of the new Sector Funding Policy.

While we support accountability, good governance, and improved service delivery, we are deeply concerned that the implementation of the policy has not met the standards of fairness, transparency, and administrative justice required by the Constitution and South African law.

We submit that the Department has failed in several fundamental respects by:

  1. Failing to adequately prepare and train its own officials responsible for implementing the new funding policy.
  2. Failing to ensure that departmental officials have a consistent understanding of the policy and its practical application.
  3. Failing to implement its own recommendations and implementation guidelines consistently across provinces and districts.
  4. Failing to properly consult and advise funded organisations regarding the new compliance requirements.
  5. Failing to provide sufficient notice, guidance, capacity-building, and support before requiring compliance.
  6. Failing to adequately explain the legal and financial consequences of non-compliance, thereby exposing organisations to unnecessary risk.
  7. Creating uncertainty that threatens the continuity of essential welfare and community services provided to vulnerable South Africans.
  • These failures undermine the principles of lawful, reasonable, and procedurally fair administrative action guaranteed by Section 33 of the Constitution of the Republic of South Africa, 1996, and given effect through the Promotion of Administrative Justice Act, 2000 (PAJA).
  • Furthermore, the Department has a constitutional obligation to respect the principles of accountability, responsiveness, openness, and cooperative governance, while ensuring that public administration is development-oriented as required by Section 195 of the Constitution.
  • The Department also has responsibilities under the Nonprofit Organisations Act, 1997, to strengthen and support the nonprofit sector rather than create avoidable administrative barriers that jeopardise service delivery.
  • In administering public funds, the Department must comply with the principles contained in the Public Finance Management Act, 1999 (PFMA), ensuring that funding decisions are transparent, equitable, consistent, and based on sound administrative processes.

We therefore request that the Department:

  1. Suspend the implementation of sanctions or funding withdrawals arising solely from the new policy until organisations have been afforded a fair opportunity to comply.
  2. Provide comprehensive training to all Department of Social Development officials responsible for implementing and assessing compliance with the funding policy.
  3. Publish clear implementation guidelines, standard operating procedures, compliance checklists, and explanatory documents accessible to all stakeholders.
  4. Conduct meaningful consultation with NPOs and other stakeholders regarding implementation challenges and practical solutions.
  5. Introduce a reasonable transitional period that allows organisations sufficient time to comply without risking the loss of funding.
  6. Establish a transparent appeals and dispute-resolution process for organisations affected by funding decisions.
  7. Ensure that future funding decisions comply with the constitutional principles of fairness, procedural justice, accountability, and transparency.

Conclusion

The nonprofit sector is an essential partner in delivering social services to millions of vulnerable South Africans. Effective partnership requires mutual trust, consultation, and proper support.

We therefore call upon the Department of Social Development to fulfil its constitutional and statutory obligations by implementing the Sector Funding Policy in a manner that is fair, lawful, transparent, and supportive of the organisations that deliver essential services on behalf of the people of South Africa.

We respectfully request a written response to this petition and an opportunity for engagement with representatives of the nonprofit sector.