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 THE NEED FOR AN OVER-ARCHING LEGISLATIVE FRAMEWORK FOR SOCIAL WELFARE AND DEVELOPMENT SERVICES IN SOUTH AFRICADiscussion Document: Draft March 2010 The preparation and ongoing development of this discussion document is further to a resolution of the NWF members meeting of October 2009, where members resolved to:
“Call on government to work with the sector to review of the National Welfare Act of 1997. Alternatively, we call on government to work with the sector to develop a new statute to act as a reference point for the provision of social welfare and developmental social services in South Africa” A compelling need currently exists for the development of a legislative framework for social welfare and development services in South Africa. Thousands of civil society organisations provide core services in this arena, providing and contributing to critical care for our people and communities. Right now, there is an absence of legislation regarding the functioning of the sector as a whole, including the partnership between government and non-profit organisations which is crucial to service delivery. The spelling out of the nature and operation of this partnership would be a critical aspect of a new legislative framework . The proposed legislation will also serve to outline the relationships between the national development agenda and the impact this has for the implementation of a developmental state. It is impossible to suggest that a developmental state can be built in the absence of visionary legislation that defines the human development objectives of the country. A brief background The pre-1994 framework that governed the relationship specifically between social service organisations and government was set out in two Apartheid laws - the National Welfare Act of 1978 and the Fundraising Act of 1978. Between them these pieces of legislation entrenched racial discrimination and increased the control of the state over community-based organisations and NGOs, subjecting organisations to draconian search, seizure and interrogation. Given the abuse of these Acts to entrench the Apartheid system and to suppress anti-government activities, all but a few clauses were quickly repealed after the coming of democracy. While this action removed major distortions in, and abuses of, the sector, there remains an absence of appropriate legislation to clarify the responsibilities of the social welfare sector, to identify the responsibilities of the three spheres of government in this regard, to guide the relationship between the Department of Social Development and non-profit organisations, and to provide for the funding of these organisations and their projects. Also absent is proper provision for the registration of social welfare organisations - as opposed to registration for NPOs in general via the Non-Profit Organisations Act, which covers civil society organisations in every sector. It does not address itself to the planning needs of the social welfare sector, or to its need for specific controls to address fraud and to protect vulnerable groups. In short, this proposed legislation picks up from where the White Paper for Social Welfare, 1997 left off. Given that government has not moved forward on that landmark policy proposal, it is vital for our ongoing developmental state agenda, that we immediately revisit the key outcomes of the 1997 process and move forward with urgency to ensure we fulfil our Constitutional mandate to build a better life for all. The basic proposal The development of an appropriate legal framework could have a huge and positive impact on the social welfare and development sector as a start and contribute to the overall objective of building a developmental state. Such a framework could address areas such as:
A way forward
The fact that this matter has been outstanding since 2001 is
unacceptable and the immediate appointment of the board will serve as an
act of good faith by the state in giving the developmental social
services sector and indication of its commitment to provide an enabling
environment for their continued efforts towards building a developmental
state.
The NWF would like to propose as a sector, we start to develop this new
framework and engage in advocacy relating to the areas that need urgent
attention. We ask that you participate in this process, and join us as
in creating a reference group, contributing ideas and content, hosting
dialogue workshops and work collaboratively to advance the process to
develop this legislation.
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