NGO Law Monitor: South Africa

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Last updated 1 May 2012

Introduction

The South African legal system reflects a combination of legal traditions. The civil legal tradition is rooted in the Dutch colonial period whilst the common law tradition emanates from the English colonial period. In addition, indigenous law remains a central part of the South African legal system. The South African constitutional dispensation has, since 1994, further resulted in the development of common law in line with the Constitution and the invalidation of statutory laws which are found to be inconsistent with the Constitution.

The legal framework does not present significant obstacles for civil society organizations (CSOs) operating in South Africa. Indeed, South Africa’s legislation is generally enabling and supportive of CSO activity. In 1997 the Nonprofit Organisations Act (NPO Act) was promulgated. The NPO Act repealed the Fundraising Act of 1978 which was used by the apartheid government to suppress the fundraising activities of some organisations. The NPO Act describes the State’s responsibility to nonprofit organisations as follows: “Within the limits prescribed by law, every organ of state must determine and coordinate the implementation of its policies and measures in a manner designed to promote, support and enhance the capacity of NPOs to perform their functions.” Despite this noble commitment, the challenge comes with the effective implementation of laws. The institutions responsible for the implementation of the relevant legislation are generally under-resourced. For some institutions it would be beneficial to review their effectiveness since coming into operation – or since South Africa became a democratic country.

At a Glance

Organizational Forms [1]	Non-Profit Trusts	Non-Profit Companies
Registration Body	Master of the High Court	Companies Commission
Approximate Number	1526 [2]	1667
Barriers to Entry	No legal barriers	No legal barriers
Barriers to Activities	No legal barriers	No legal barriers
Barriers to Speech and/or Advocacy	No legal barriers	No legal barriers
Barriers to International Contact	No legal barriers	No legal barriers
Barriers to Resources	No legal barriers	No legal barriers

[1] This chart does not include voluntary associations, which are in fact the most common form of civil society organization, as they are a creation of common law, and not dependent upon authorization by a public office. There are no legal barriers limiting their establishment or operational activity.
[2] The numbers listed reflect only those non-profit trusts and non-profit companies registered in terms of the Nonprofit Organisations Act. They numbers are current as of March 2009, and are based on The State of NPO registration in South Africa, “A Report from the National NPO Database”, published by the Department of Social Development, p. 10. According to the 2011/12 version of this report there were 76,175 non-profit organisations registered in terms of the Nonprofit Organisations Act by the end of March 2010, “A Report from the National NPO Database – 2009/10”

Key Indicators

Population	48,810,427 (July 2012 est.)
Capital	Pretoria (executive), Cape Town (legislative)
Type of Government	Republic
Life Expectancy at Birth	Male: 50.34 Female: 45.45 (2012 est.)
Literacy Rate	Male: 87% Female: 85.7%
Religious Groups	Zion Christian: 11.1%; Pentecostal/Charismatic: 8.2%; Catholic: 7.1%; Methodist: 6.8%; Dutch Reformed: 6.7%; Anglican: 3.8%; Muslim: 1.5%; other Christian: 36%; other: 2.3%; unspecified: 1.4%; none: 15.1% (2001 census)
Ethnic Groups	Black African: 79%; white: 9.6%; colored: 8.9%; Indian/Asian: 2.5% (2001 census)
GDP per capita	$11,000 (2011 est.)

Source: The World Factbook. Washington, DC: Central Intelligence Agency, 2009.

International Rankings

Ranking Body	Rank	Ranking Scale (best – worst possible)
UN Human Development Index	123	1 – 187
World Bank Rule of Law Index	56.0%	100 – 0
World Bank Voice & Accountability Index	67.8%	100 – 0
Transparency International	64	1 – 180
Freedom House: Freedom in the World	Status: Free Political Rights Score: 2 Civil Liberties Score: 2	Free/Partly Free/Not Free 1 – 7 1 – 7
Foreign Policy: Failed States Index	Rank: 122	177 – 1

Legal Snapshot

International and Regional Human Rights Agreements

Key International Agreements	Ratification*	Year
International Covenant on Civil and Political Rights (ICCPR)	Yes	1998
Optional Protocol to ICCPR (ICCPR-OP1)	Yes	2002
International Covenant on Economic, Social, and Cultural Rights (ICESCR)	No	--
Optional Protocol to ICESCR (Op-ICESCR)	No	--
International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)	Yes	1998
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)	Yes	1995
Optional Protocol to the Convention on the Elimination of Discrimination Against Women	Yes	2005
Convention on the Rights of the Child (CRC)	Yes	1995
International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW)	No	--
Convention on the Rights of Persons with Disabilities (CRPD)	Yes	2007
Regional Treaties
African Charter on Human and Peoples' Rights	Yes	1996
African Charter on the Rights and Welfare of the Child	Yes	2000
Treaty Establishing the African Economic Community	Yes	2001
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa	Yes	2004
Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights	Yes	2002

* Category includes ratification, accession, or succession to the treaty

Constitutional Framework

The Constitution of the Republic of South Africa, Act 108 of 1996 (as amended), is the supreme law of South Africa. The current Constitution was adopted by the Constitutional Assembly on 11 October 1996 and came into effect on 4 February 1997.

Relevant constitutional provisions include:

Clause 16 – Freedom of Expression:

(1) Everyone has the right to freedom of expression, which includes:

freedom of the press and other media;
freedom to receive or impart information or ideas;
freedom of artistic creativity; and
academic freedom and freedom of scientific research.

(2) The right in subsection (1) does not extend to

propaganda for war;
incitement of imminent violence; or
advocacy of hatred that is based on race, ethnicity, gender or religion, and that constitutes incitement to cause harm.

Clause 18 – Freedom of Association: Everyone has the right to freedom of association.

Clause 36 – Limitations Clause:

(1) The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including-

the nature of the right;
the importance of the purpose of the limitation;
the nature and extent of the limitation;
the relation between the limitation and its purpose; and
less restrictive means to achieve the purpose.

(2) Except as provided in subsection (1) or in any other provision of the Constitution, no law may limit any right entrenched in the Bill of Rights.

National Laws and Regulations Affecting Sector

Relevant national-level laws and regulations affecting civil society include:

Constitution of the Republic of South Africa, Act 108 of 1996 (as amended)
Companies Act 71 of 2008
Companies Amendmen Act of 2011
Non-Profit Organisations Act 71 of 1997 (as amended) (“NPO Act”)
Trust Property Control Act 57 of 1988 (“TPCA”)
Income Tax Act 58 of 1962 (as amended) (“ITA”)
Value Added Tax Act 89 of 1991 (“VATA”)

Pending NGO Legislative / Regulatory Initiatives

The Financial Action Task Force Report

The Financial Action Task Force and the Eastern Southern Africa Anti-Money Laundering Group recently published a report entitled: Mutual Evaluation Report - Anti-Money Laundering and Combating the Financing of Terrorism (the report). The report concludes that South Africa has not assessed potential risks of terrorist financing posed within the non-profit sector and recommended that NPOs should be compelled to register under the Nonprofit Organisations Act and the Directorate for Nonprofit Organisations should be given the power to sanction office-bearers, impose fines and freeze accounts of NPOs that are in violation of oversight measures. It is not clear whether the South African Government will support this initiative.

The Protection of Information Bill

The Protection of Information Bill [B6-2010] which is aimed at the protection of certain information from destruction, loss or unlawful disclosure is currently before the South African Parliament. The Bill, in essence, defines the kind of state information that requires protection against alteration, destruction, loss or disclosure. It further provides for a procedure of classifying and declassifying such information and punishment in the event of non-compliance. The ‘B’ version of the Bill, now called The Protection of State Information Bill [B 6B-2010], was, in the wake of ongoing opposition and controversy, on November 22, adopted by members of Parliament. The Bill has been referred to the National Council of Provinces (the Council) which has reportedly established an ad hoc committee to report to the Council during 2012.

The constitutionality of the Bill has been subject to significant public scrutiny in South Africa. One of the key concerns relates to ‘what’ information can be considered to be in the national interest and consequently classified as confidential or secret. Another key concern relates to ‘who’ can determine what information is in the national interest and consequently classify such information as confidential or secret. In terms of the Bill, any head of an organ of state, as defined, may classify or reclassify information using the classification levels set out in the Bill. The power to declare information as confidential or secret is accordingly given to broad range of state officials.

The Bill, in its current format, allows for a veil of secrecy to be cast over certain information and may consequently limit public accountability and scrutiny of matters in the public interest. A number of eminent institutions and academics have criticized the initial version of the Bill. The General Council of the Bar (GCB) during August 2010 reported to Parliament that the initial version of the Bill does not pass constitutional muster. The GCB was of the view that some provisions were contrary to the foundational values of the South African Constitution. The GCB also pointed out that the current Promotion of Access to Information Act of 2000, which also applies to state, has been enacted in terms of the Constitution and allows for state information to be legitimately withheld from the public domain. The ruling party has made some concessions which are reflected in the latest version of the Bill, but even this version of the Bill has remained controversial. The concessions revolved around who would be authorized to classify information, provision for an independent appeal process and the removal of minimum sentencing provisions. The latest version of the further Bill states that interpretation measures taken in terms thereof must, amongst other, have regard to the freedom of expression, the right of access to information and the other rights and freedoms enshrined in the Bill of Rights; and be consistent with article 19 of the International Covenant on Civil and Political Rights and have regard to South Africa’s international obligations.

Legal Analysis

Organizational Forms

There are three kinds of civil society organisations in South Africa, namely:

Voluntary associations that are established in terms of common law.
Non-profit trusts that are established in terms of the Trust Property Control Act, and
Non-profit companies that are established in terms of the Companies Act.

Any of these CSOs can register in terms of the Nonprofit Organisations Act of 1997, provided that those CSOs comply with a number of requirements listed in that Act. In essence, the founding document of such CSOs must contain prescribed information (including the name, objectives, non-profit distribution constraint, governance structures, etc) and narrative and financial reports must be submitted to the Directorate for Nonprofit Organisations on an annual basis.

Public Benefit Status

South Africa uses a tiered regulatory approach toward public benefit status.

As a first step, the Nonprofit Organisations Act defines a nonprofit organisation as a trust, company or other association of persons established for a public purpose and the income and property of which are not distributable to its members or office-bearers except as reasonable compensation for services rendered. Applicants must submit documentation to the Directorate of Nonprofit Organisations for registration.

Second, a nonprofit organization may apply for the status of “public benefit organization.” Among other requirements, the organization's sole purpose must be to undertake one or more public benefit activities, carried out in a non-profit manner and with an altruistic or philanthropic intent. Public benefit organizations are restricted from using their resources to directly or indirectly support, advance, or oppose any political party, but they are not restricted from lobbying. They are entitled to a broad range of fiscal benefits, including a partial income tax exemption, an exemption on donations tax, and an exemption on transfer duty on immovable property.

Third, Public benefit organizations may apply for the right to receive tax-deductible donations.

Barriers to Entry

The legal framework for each of the available organizational forms is generally enabling, and does not include barriers to formation, establishment or registration. Problems worth noting here are in regard to the establishment and registration of nonprofit organizations. Incorporating a non-profit company in South Africa is, despite the new Companies Act of 2008, subject to significant delays. Furthermore, the Nonprofit Organisations Act sets a fixed time period of two months within which registration applications must be decided upon; the NPO Directorate is not, however, complying with this deadline. Applicants must routinely wait up to six months to be registered.

Barriers to Operational Activity

There are no serious legal barriers affecting the operational activity of CSOs in South Africa.

It is worth noting, however, that non-profit trusts, as accountable institutions under the Financial Intelligence Centre Act of 2001 (FICA), are subject to registration with FICA. FICA has the object of combating money-laundering activities in South Africa. Trusts, including non-profit trusts, are regarded as accountable institutions in terms of FICA and must accordingly comply with its provisions. The Financial Intelligence Centre Amendment Act of 2008, which came into operation on 01 December 2010, have introduced some amendments to FICA which are of critical importance to non-profit trusts. These amendments were not specifically directed at non-profit trusts, but include them under the definition of ‘accountable institution’. The amended provisions require accountable institutions to, amongst other, register with the Financial Intelligence Centre (Centre) and notify the Centre of any changes to the registration details. The Centre is empowered to issue directives to ensure monitoring and compliance with FICA. Inspectors, appointed in terms of the Act, are allowed to enter and inspect any premises of an accountable institution and may, in certain instances, be able to direct persons to appear for questioning, produce documents and furnish information. Inspectors will also be able to open any strong-room or safe and use any computers system on the premises to access data. Accountable institutions failing to register with or provide information to the Centre are guilty of an offence and may, upon conviction, be liable to a fine of up to R100m ($13.3m) or a maximum of 15 years’ imprisonment. Non-profit trusts, as accountable institutions, were required to register with the Centre at the end of February 2011. On 01 March 2011 the Centre issued a statement recommending:"that institutions that have not as yet registered, do so as soon as possible. Late registrations closer to 1 March 2011 will be viewed more favorably, as sanctions could be issued for late registration in due course. The FIC reserves the right to issue sanctions or penalties for late registration under the Financial Intelligence Centre Act No 38 of 2001 (the FIC Act).”

It is also worth noting that opening a bank account has become a challenge for some non-profit organisations operating in South Africa. Community-based organisations that are established as voluntary associations will have to wait for registration in terms of the Nonprofit Organisations Act (up to six months) to open a bank account. Organisations having board members that are based outside of South Africa may also find it a challenge to open bank account in South Africa.

Barriers to Speech / Advocacy

CSOs in South Africa are not prohibited from criticizing the government or advocating for politically unpopular causes. There are no legal restrictions or governmental harassment of such activities. CSOs that are involved with causes that are unpopular from a government’s perspective may ordinarily not attract significant funding support from government. But CSOs have been involved with the processes of drafting of laws and lobbying for legislation and government policies. CSOs that have tax exemption cannot use their resources to support, oppose or advance the activities of any political party.

Barriers to International Contact

There are no legal barriers impeding international contact or communication.

Barriers to Resources

Generally, the law does not impose any constraints on the ability of CSOs to seek and secure funding. There are no special rules for CSOs to receive foreign funding. CSOs are permitted to carry out commercial activities, either directly or through a for-profit subsidiary. CSOs can compete for government funds based on objective criteria. Government departments and development funding agencies have, however, been criticized by CSOs for having negatively impacted on the ability of CSOs to secure funding.

It is worth noting, however, the Consumer Protection Act of 2008 came into operation on 01 April 2011 and regulates, amongst other, direct marketing. In terms of this Act direct marketing includes approaching a person, either in person or by mail or electronic communication, for the direct or indirect purpose of, amongst other, requesting a person to make a donation of any kind for any reason. The National Consumer Commission (the Commission) has the discretion, in terms of this Act, to establish a registry in which any person can register a pre-emptive block (either generally or for specific purposes) against direct marketing communication. Regulations have been published by the Minister of Trade and Industry which also prescribe mechanisms to block direct marketing communication.

There are a few important implications for non-profits soliciting donations in South Africa once the relevant provisions of the Act and the regulations are implemented. Firstly, the Act will effectively allow individuals and legal persons to block non-profit organisations from soliciting donations by registering pre-emptive blocks. The regulations allow for the establishment of a registration facility. Secondly, all direct marketers, including non-profits soliciting donations from the public, will have to assume that a comprehensive pre-emptive block has been registered unless confirmed otherwise by the Commission. Thirdly, all direct marketers must register with the Commission (and annually confirm their details) and apply in writing to the Commission to find out if a pre-emptive block has been registered. Fourthly, non-profits applying to find out about pre-emptive blocks, will in all probability have to wait some time as the Commission will be required to put in place a screening and validation process in respect those registering as direct marketers. Pending registration, the direct marketer will not be able to obtain information on pre-emptive blocks.

Reports

UN Universal Periodic Review Reports	UPR South Africa National Report Compilation of UN information Summary of stakeholders' information Report of the Working Group Decision on the Outcome Draft Report on the eighth session of the Human Rights Council
Reports of UN Special Rapporteurs	South Africa
USIG (United States International Grantmaking) Country Notes	USIG: South Africa
U.S. State Department	2008 Country Reports on Human Rights Practices: South Africa
Failed States Index Reports	Foreign Policy: Failed States Index 2009
IMF Country Reports	South Africa and the IMF
International Commission of Jurists	ICJ: South Africa
International Center for Not-for-Profit Law Online Library	South Africa

News and Additional Resources

While we aim to maintain information that is as current as possible, we realize that situations can rapidly change. If you are aware of any additional information or inaccuracies on this page, please keep us informed; write to ICNL at ngomonitor@icnl.org.

General News

Contempt for NGOs disturbing (April 2012)
Cynicism permeated the atmosphere at Parliament's latest round of public hearings on the Protection of State Information Bill, ringing alarm bells about increasing hostility emanating from parliamentarians towards civil society. While the interaction should be rigorous, as different views are tested, the mere hosting of public hearings should not in itself be contentious in a democracy.

Secrecy Bill continues to receive criticism during Parliamentary hearings (April 2012)
Controversial secrecy laws proposed in South Africa have received widespread public criticism from during parliamentary hearings. The protection of state information bill would allow government officials to classify significant parts of their work as secret. Whistleblowers and journalists convicted of possessing, leaking or publishing such information could face up to 25 years in jail. (Read more)

Secrecy Bill - Views from South African Civil Society (November 2011)
Civil society activists continue to argue that if passed, the Secrecy Bill will criminalize some of the freedoms that South Africans have been enjoying since 1994. A number of civil society organisations in South Africa have expressed their reservations on the Bill. (Read more)

Public consultation on the Protection of State Information Bill (September 2011)
On 20 September 2011, the ANC Parliamentary Caucus took a decision to withdraw the Protection of State Information Bill from the Parliamentary programme, pending further consultations with interest groups, civil society and individual members of the public. The need for further consultation on the Bill, in addition to the extensive public engagement that has already taken place under the now dissolved parliamentary Ad Hoc Committee, will afford particularly individuals and formations which are yet to have a say on the Bill an opportunity to do so. (Read more)

New Policy on Protests Will Restore Order (September 2011)
The Minister of Police, Nathi Mthethwa today approved a policy to better manage public protests by police. The policy, which the Ministry started working on some months ago, is aimed at providing a framework and guidelines for the police in policing public protests and to introduce stringent measures around the use of force linked to public gatherings and protests. (Read more)

Final Info Bill draft adopted (September 2011)
The Protection of Information Bill today came a step closer to becoming law as MPs adopted a final draft, despite opposition objections and threats of legal challenge. The African National Congress (ANC) prevailed in the final vote on the contentious State secrecy Bill with a comfortable majority, as it had on Friday in clause by clause deliberations. (Read more)

New protests over info bill start today (July 2011)
Members of Parliament will be met with a new wave of protests when they reconvene this week to continue work on the controversial Protection of Information Bill, despite significant concessions by the ANC last month. The special parliamentary committee processing the proposed law to regulate classification of state information will intensify its work, starting tomorrow. (Read more)

‘Stop secrecy bill before it is law’ (July 2011)
A Civil society group has urged South Africans to close ranks and fight against the adoption of the Protection of Information Bill by Parliament. Murray Hunter, coordinator of the Right2Know campaign, warned yesterday that fighting the draft legislation – dubbed the secrecy bill – in the Constitutional Court would be protracted and costly. Addressing the Cape Town Press Club, Hunter said civil society should pile pressure on parliamentarians not to pass the bill in the first instance. He said despite the concessions made by the ANC on the bill, there was no need for the country to have this piece of legislation as it would curtail the free flow of information. As part of the concessions, the ANC has agreed security services be the only state organs allowed to classify information. In addition, they have scrapped minimum sentences for the publishing of classified information. (Read more)

HRC [South African Human Rights Commission] slams proposed Information Bill (June 2011)
The Human Rights Commission (HRC) on Wednesday said if the Protection of Information Bill, currently before Parliament, is approved, it will have devastating effects on ordinary South Africans. Civil society groups argue that it will curtail media freedom and discourage whistle-blowing in a country plagued by corruption.About 15,000 citizens have already signed a petition by the Right2Know Campaign against the so called "Secrecy Bill". Human Rights Commissioner Pregs Govender said this bill violates one of the fundamentals of any democratic government. “Whilst this bill was supposed to replace the draconian Secret Bill of 1982, it does not do that. What is does is threaten the right to information that is protected in our constitution,” she said. Govender said this bill will rob citizens of answers to crucial questions. “What is happening to our education and our healthcare? Those are questions that people want to know. They should be able to access that information. They must be able to know what money was spent on the arms deal instead of addressing poverty,” he said. (Read more)

Ruling party’s antipathy towards NGOs has never gone away (September 2010)
The media is not the only institution under threat from the ruling party. Barely noticed, even by the media, is a section in the discussion documents for the conference of the African National Congress (ANC) in Durban next week that targets, yet again, the question of “monies raised by (party) candidates and lobby groups”.The documents quote a resolution of the party’s conference in Polokwane in 2007 that “an effective regulatory architecture for private funding of political parties and civil society groups to enhance accountability and transparency to the citizenry” should be put in place.This is an old issue, supposedly disposed of 13 years ago, but it keeps coming back. In 1995 a group of misguided nongovernmental organisations (NGOs) produced a draft bill that would have put all such organisations under the control of a commission appointed by the government. (Read more)

Civil Society deeply concerned about roll back in democratic freedoms in South Africa (August 2010)
Civil society organisations express deep apprehension at the recent attempts to strangle the media and the freedom of expression in South Africa. (Read more)

Possible AIDS Funding Crisis Has NGOs on the Edge (July 2010)
NGOs have warned government of a looming crisis in the public health sector as international donors prepare to cut their funding. Doctors Without Borders said it is looks likely that donors like PEPFAR, UNAIDS and the Global Forum will slash funding by 2012. Officials at the US Embassy said they are confident the cuts will not take place but if they do, up to four million HIV positive South Africans will be left without adequate access to treatment. (Read more)

Ill-Fitting Code of Governance Principles for Civil Society? (March 2010)
The King Code of Governance Principles (the Code) and the King Report on Governance for South Africa (King III) were published on 1 September 2009 and became effective on 1 March 2010. Like the first and second reports, this third report is aimed at promoting good corporate governance in South Africa and was compiled by the King Committee under the chairmanship of Professor Mervyn E. King. The King Committee has received both local and international acclaim for its contribution towards corporate governance. In its first two reports the King Committee did not make any effort to explain its relevance to civil society organisations (CSOs). The King Committee was noticeably more concerned with the governance of commercial companies. CSOs were left in the dark as to the relevance and applicability of the first two codes. King III has now boldly declared that it applies to 'all entities regardless of the manner and form of incorporation or establishment and whether in the public, private sectors or non-profit sectors'. The principles contained in the report have purportedly been drafted so that 'every entity can apply them and, in doing so, achieve good governance'. The accuracy of this statement is questionable. Although King III is a very important document in the history of corporate governance in South Africa, it must be recognized for what it is: a code suited for commercial entities that may find limited application in CSOs. This article briefly explores the potential implications of King III on CSOs.

The goal at the end of the rainbow for South Africa (January 2010)
[…] 2010 could be the year of Africa. In just six months time the greatest sporting spectacle on Earth, the World Cup, will be staged in Africa for the first time. […] But… and it is a sizeable but… just as the cloud sits atop Table Mountain, so a shadow still hangs over the new South Africa. For 15 years after I watched Nelson Mandela sworn in to office at the dawn of a new democracy, for millions of people here not much has changed. Yes, there is a black government. Yes, there is a new constitution guaranteeing human rights for all. And yes, they no longer live in fear of white oppression. But a racial divide has in many ways been replaced by an economic one. Black empowerment schemes have made a privileged few very rich and many more comfortably off. (Read more)

Failure to conduct impartial investigation into Kennedy Road violence is leading to further human rights abuses (December 2009)
Amnesty International deplores the continuing failure of the South African authorities to investigate impartially and fully human rights abuses which occurred during and after armed violence at the Kennedy Road Informal Settlement (Kennedy Road) in Durban last September. This despite repeated calls since October for an independent and impartial commission of inquiry into the surrounding circumstances and extent of the violence and its aftermath. The attack by a group of armed men which began during the night of 26 September resulted in at least two deaths as well as injuries to others in Kennedy Road. Homes were damaged and individuals and families were displaced or fled, either as a result of being directly attacked or from fear of being attacked. (Read more)

South Africa's 'other' epidemic (December 2009)
It has been ten years since the South African government held its first annual '16 Days of Activism for No Violence Against Women' (and children) campaign. While the campaign has, no doubt, achieved a degree of success in relation to raising awareness, this has clearly not translated into much positive, practical impact. Despite all the good intentions, fine rhetoric, myriad events and work done, the intervening decade has seen a precipitous rise in the overall levels of violence against women. The often cyclical and self-serving debates around rape statistics aside, the fact of the matter is that South Africa has an epidemic of violence against women. (Read more)

The foregoing information was collected by the ICNL NGO Law Monitor partner in South Africa, Ricardo Wyngaard, Ricardo Wyngaard Attorneys.