Bureaucracy
There has been a legislative reform relating to NGOs in post-apartheid Africa but its implementation is problematic. A law passed in 1997 requires NGOs to register with the countrys Department of Social Development to give them tax benefits. While the registration process is not too difficult, NGOs have complained that the process is time-consuming. Donor agencies usually require registration numbers before they even consider financing an organisation, and so NGOs may be unable to obtain funds until the registration has been completed.
Meanwhile, government agencies under the South African Revenue Service, which were created to support the NGO sector in terms of the new law, are understaffed. In addition, a report assessing the Non-Profit Organisation (NPO) Act found that while the Department of Social Departments information systems are adequate for registration purposes, it allows for inappropriate allocation of grants as it provides limited opportunity to monitor how and where grants are awarded.
Post-apartheid funding scenario
After the end of apartheid, bilateralagreements between South Africa and donor organisations meant that many local and national NGOs found themselves strapped for cash. Funds are just not as freely available when democracy was installeda lot of money (that would have been directed to NGOs in the past) is now directed to the new, democratic government.
Charm Govender, director of the Centre for Community and Labour Studies, reports that from 1994-1999, about 18 billion South African rand was used in the form of grants, concessionary loans and technical assistance. Only 15% of this went to NGOs. 50% went directly to the government, 25% to parastatals, and 10% to other sectors.
Aside from implications on NGOs ability to deliver services and implement programs, the cut in funds also divert NGOs attention and energy, from, for instance, lobbying for legislative changes around the NPO, to efforts to resolve the funding crisis.
Who gets the money?
In the event that South Africa will see an increase in foreign funding for the civil society sector, the question as to which NGOs will get funds still remains. Hassan Logart of the South African NGO Coalition and Mashile Phalana of Eartlife Africa say it is easier for service-delivery oriented NGOs to access funding than it is for those doing policy advocacy and lobbying. Government doesnt want NGOs which advise, only NGOs which do things like feeding AIDS orphans, Phalana observed.
Funding with strings attached
Members of the NGO movement in South Africa have also flagged the growing encroachment of donor interests to their advocacy engagements. More and more donors, especially U.S.-based ones, require NGOs to subscribe to combating terrorismand may require them to take positions against controversial matters such as abortion, according to Jane Duncan, executive director of the Johannesburg-based Freedom of Expression Institute.
Threat to NGO integrity
Currently, there is no law which prevents NGOs from publicly raising issues of national concern. But in April 2005, the government suggested a law to restrict whistle blowing after a regional environmental action group expressed fears about the safety of a nuclear facility outside the capital of Pretoria. President Thanbo Mbeki called the environment groups claims reckless, without foundation, and totally impermissible. A threat to legislate against those spreading unnecessary panic was issued. Nothing has happened to the anti-whistle blowing legislation but up to the present, the government continues to dangle its threat to NGOs. Not discounting the possibility of the law being introduced in the future, the Department of Minerals and Energy pronounced that legislative action will be pursued if such actions were to continue.
The pronouncement created a climate of fear and uncertainty among NGOs. Some NGOs have said that the mere threat of legislation on whistle blowing is enough to prevent them from being critical of government actions and inactions.
And so if the civil society situation goes as is in South Africa, funding shortages will continue to pose difficulties as to for NGOs/ /to carry on advocacy work, while bureaucracy will further slow down NGO work. Donor politics will dictate which issues will be advanced and which will be dropped; and threats of legislative restrictions will set ust how much NGOs can do their job.
Treading through threats and challenges
At the end of June, representatives of civil society will gather in Glasgow for a World Assembly to debate effects of laws governing NGOs. The situation of the South African civil society is expected to form part of the discussions. The five-day meeting is organised by CIVICUS, a Johannesburg-based NGO that supports the right of citizens to have a say in the political, economic and cultural life of their countries.
Sources:
Penderis, Marina. /All (Reasonably) Quiet on the NGO Front For Now./ Downloaded 28 June 2006 from <www.ipsnews.net/news.asp?idnews=33701>
Govender, Charm. /Trends in Civil Society in South Africa Today/. Downloaded 28 June 2006 from <http://anc.org.za/ancdocs/pubs/umrabulo/umrabulo13m.html>
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