“Externally funded non-governmental organisations (NGOs) that pushed an agenda to destabilise the country are set to be exposed in new legislation.” According to City Press a Private Members’ Bill is to be tabled by the African Transformation Movement (ATM}) “amid concern about a growing trend among some NGOs to oppose legislation and other policies.”
This is another wrong-headed attempt to stifle the fundamental right to free speech as articulated in Section 16 of the Constitution.
Section 16 protects freedom of expression, including words and other expressive activities. The right also protects ideas that will offend or disturb people and therefore includes a duty to be tolerant of others.
Attempts have been made repeatedly over our democratic dispensation to restrict the activities and views of NGOs by, inter alia, interfering with their funding.
Concerned
It appears the ATM is concerned about NGOs using funding to oppose legislation and policies. The very purpose of many NGOs is to oppose legislation and policies. In this country it could be considered a moral duty to do so, given the ruinous policies and legislation enacted by a previously majority ANC government that has turned South Africa into a near economic basket case.
ATM leader, Vuyo Zungula, said the new legislation aimed at exposing “foreign agents” who used NGOs and civil society groups as fronts to push their political agendas, which are often aimed at destabilising South Africa.
The Non-Profit Organisations Act No. 71 of 1977 obliges an NPO to register with the Department of Social Development to be recognised under the Act; to maintain adequate standards of governance, transparency, and accountability; to submit narrative and financial reports to the Directorate annually; to promote transparency in the operations and financial transactions of NPOs; and to comply with the requirements for submitting reports.
There are myriad of laws, including company and tax laws, that govern the operation of Non-Profit Companies to ensure greater transparency from NGOs about their funding sources.
Foreign interference
“We want to prevent foreign interference from people with hidden agendas,” Zungula said. On the SABC News website Zungula is quoted as accusing some NGOs of being active in politics on behalf of foreign funders, to push a particular agenda or narrative in the country.
Zungula, tellingly, does not give an example of what instances he has in mind. So one is left wondering why this exercises the ATM so much.
Zungula should rather be concerned about those entities that have the real power to advance their agendas, namely, political parties.
The Political Party Funding Act (PPFA) on 1 April 2021 prohibits donations to parties by foreign governments or agencies, foreign persons or entities, organs of state or state-owned enterprises. They can only receive funding from foreign entities for training, skills development, or policy development. No member of a political party may receive a donation other than for political party purposes.
Rumours persist, as reflected in a number of foreign media outlets such as the Financial Times, that there are funding links to the uMkhonto we Sizwe (MK) party and/or its leader Jacob Zuma by the Russian government. This should be much more of concern to the ATM as MK has real political power in this country.
But perhaps the ATM is trying to deflect from its agreement to work with the MK party in the 2026 local government elections. Perhaps it’s trying to draw attention away from any investigation of its partner’s links to the Kremlin, which could genuinely reshape the political landscape of South Africa.
Remembered that Mzwanele Manyi, the chief whip of the MK party in national government, was the former chief of policy and strategy for the ATM.
If an NGO and/or its foreign funders breach a law in South Africa, there are more than enough laws to tackle such breaches.
However, the PPFA specifically prohibits political parties from receiving foreign funding. The ATM should rather pay attention to the real risks posed our political landscape.
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