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

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.

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 Amendment 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”)
• General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Bill (the draft Amendment Bill) was published in December 2024 for public comment. According to the South African National Treasury, the draft Amendment Bill seeks to strengthen South Africa’s Anti-Money Laundering and Combating Financing of Terrorism system further by addressing deficiencies in the legal framework, as identified during the remedial processes to be removed from greylisting and improve technical compliance with Financial Action Task Force (FATF) Recommendations. The draft Amendment Bill proposed amendments to four pieces of legislation, namely: the Financial Intelligence Centre Act, 2001; the Financial Sector Regulation Act, 2017; the Companies Act, 2008; and the Nonprofit Organisations Act, 1997. The proposed changes to the Nonprofit Organisations Act were administrative in nature, such as introducing maximum sentencing for offences already stated in the Act.

Please help keep us informed; if you are aware of any pending initiatives, write to ICNL at ngomonitor@icnl.org.

There are three kinds of CSOs in South Africa:

• Voluntary associations that are established under common law.
• Non-profit trusts that are established in accordance with the Trust Property Control Act, and
• Non-profit companies that are established under the Companies Act.

Any of these CSOs may, and in some cases must, register under the Nonprofit Organizations (NPO) Act of 1997, provided they meet the requirements listed in that Act. In essence, their founding documents must contain certain information, such as the organization’s name, objectives, governance structures, and a non-profit distribution constraint. In addition, registered organizations are required to submit annual narrative and financial reports to the Directorate for Nonprofit Organizations.

South Africa uses a tiered regulatory approach to public benefit status for CSOs.

As a first step, the Nonprofit Organizations (NPO) Act defines an NPO as a trust, company, or other association of persons established for a public purpose, whose income and property are not distributable to its members or office-bearers except as reasonable compensation for services rendered. Applicants must submit the required documentation to the Directorate of NPOs to register.

The second tier allows an NPO to apply for the status of “public benefit organization.” To qualify, the organization’s sole purpose must be to carry out one or more public benefit activities, conducted in a non-profit manner and with 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 permitted to engage in lobbying activities. Public benefit organization status confers several fiscal benefits, including partial income tax exemptions and, subject to certain conditions, an exemption from transfer duty on immovable property.

Third, public benefit organizations may apply for the right to receive tax-deductible donations, offering additional incentives for donor support.

The legal framework governing each of the available organizational forms is generally enabling and does not impose barriers to their formation, establishment, or registration. The Nonprofit Organizations (NPO) Act sets a fixed period of two months within which registration applications must be processed and decided upon.

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

However, opening a bank account has become a challenge for some nonprofit organizations (NPOs) operating in South Africa. In particular, community-based organizations established as voluntary associations often need to wait for registration under the Nonprofit Organizations (NPO) Act to open a bank account. That said, many banks will accept an electronic copy of the NPO Certificate, which can be requested from the Directorate for NPOs, as proof of registration. Organizations with board members based outside of South Africa may also find it challenging to open a bank account in South Africa.

The Department’s de-registration process is not considered a significant barrier to operational activity, as NPOs can avoid de-registration by submitting any outstanding reports. Furthermore, organizations that are de-registered have the right to appeal the decision to an Arbitration Tribunal.

There are no legal barriers impeding international contact or communication.

In general, South African law does not impose constraints on the ability of CSOs to seek or secure funding, whether from domestic or foreign sources. There are no special restrictions on foreign funding, and CSOs are allowed to engage in commercial activities, either directly or through for-profit subsidiaries. CSOs may also compete for government funding based on objective criteria. However, government departments and development funding agencies have been criticized by CSOs for having negatively impacted on the ability of CSOs to secure funding.

One regulatory development of note is the Consumer Protection Act of 2008, which came into effect on April 1, 2011, and regulates, among other things, direct marketing. The Act defines direct marketing as approaching a person—whether in person, by mail, or via electronic communication—for the direct or indirect purpose of, among others, soliciting a donation for any reason.

The National Consumer Commission (the Commission) has the discretion to establish a registry where individuals and legal entities can register a pre-emptive block (either broadly or for specific purposes) against receiving direct marketing, including donation requests from nonprofit organizations (NPOs). The Ministry of Trade and Industry published regulations that also prescribe mechanisms to block direct marketing communication.

The Act has several important implications for NPOs soliciting donations:

• Individuals and legal entities can block NPOs from soliciting donations by registering pre-emptive blocks with the Commission.
• Direct marketers, including NPOs, must assume that a comprehensive pre-emptive block is in place unless otherwise informed by the Commission.
• All direct marketers must register with the Commission, annually confirm their details, and apply in writing to the Commission to find out if a pre-emptive block has been registered by specific recipients.
• NPOs must wait for the Commission to put in place a screening and validation process for those registering as direct marketers. Until then, they cannot obtain information on pre-emptive blocks.

The General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act (GLA Act) was signed into law in December 2022, with most provisions coming into effect in 2023. The GLA Act introduced significant reforms aimed at strengthening South Africa’s framework for combatting financial crimes and enhancing the regulation of legal entities, including NPOs. Several changes were also made to the NPO Act of 1997, including:

1. Compulsory registration for NPOs that make donations to individuals or organizations outside of South Africa or provide humanitarian, charitable, religious, educational, or cultural services outside the country.
2. Enabling the NPO Directorate to collaborate and cooperate with other state organs;
3. Requiring NPOs to maintain and submit prescribed information about their governing structures to the NPO Directorate; and
4. Introducing grounds for the disqualification and removal of NPO office-bearers.

Changes were also made to other laws, including the Companies Act of 2008 and the Trust Property Control Act of 1988. These changes are aimed at identifying the beneficial owners of such entities and introducing eligibility criteria for trustees of trusts, including non-profit trusts.

On November 13, 2024, shortly before South Africa’s deadline to submit progress reports to the Financial Action Task Force (FATF) regarding its greylisting status, the Department of Social Development (DSD) announced a phased approach to the de-registration of non-compliant NPOs. This followed early public statements from the DSD signaling its intent to enforce compliance more strictly.

As of June 1, 2025, the NPO Directorate’s website reported that a total of 15,625 NPOs had been de-registered, an increase of 7,574 compared to the figure published on November 26, 2024. It is likely that a significant proportion of these de-registered NPOs were dormant, as a large-scale de-registration effort had occurred in 2013, and many of those NPOs were subsequently reinstated.

In October 2024, the FATF published its 3^rd Enhanced Follow-Up Report & Technical Compliance Re-Rating. Under Recommendation 8, which is focused on NPOs, South Africa received a “partially compliant” rating. The FATF also indicated that the penalty provision in the NPO Act makes reference to administrative penalties, but does not specify the amount of fees or the length of imprisonment for violations.

CSOs in South Africa are not prohibited from criticizing the government or advocating for politically unpopular causes, and there are no legal restrictions or patterns of government harassment targeting such activities. However, CSOs working on issues that are unpopular with the government generally do not receive significant government funding. 

CSOs have played an active role in drafting legislation and lobbying for legal and policy reforms. CSOs with tax-exempt status cannot use their resources to support, oppose, or advance the activities of any political party.

Section 17 of the Constitution states that “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.”

The Regulation of Gatherings Act governs demonstrations and gatherings in South Africa. It defines a demonstration as an assembly of one to fifteen people for or against any person, cause, action, or failure to take action. A gathering is defined as any assembly, concourse, or procession of more than 15 people in or on any public road or any other public place or premises.

Advance Notification

The Act requires advance notification for gatherings. Organizers must notify the responsible locally authority of their names and addresses at least seven days before the date of a gathering. If this is not reasonably possible, notice must be given at the earliest opportunity, but no later than 48 hours before the event. Upon receiving notice, the responsible officer can either:

• Consult with the police and convene a meeting with relevant stakeholders if conditions or negotiations are necessary; or
• Notify the convener that the gathering may take place.

If notice is not submitted at least 48 hours in advance, the responsible officer may prohibit the gathering, effectively disallowing spontaneous demonstrations.

The Act is somewhat ambiguous regarding the regulation of demonstrations. While notification requirements do not apply to them, the rules of conduct for gatherings do.

For counter-demonstrations, police may require participants to gather at a designated location or follow a specific route to maintain public order and prevent clashes between rival gatherings.

Time, Place, Manner Restrictions

The Act imposes some restrictions on the location of assemblies. Demonstrations and gatherings are prohibited within 100 meters of court buildings, except on weekends and public holidays, unless special permission is granted by the magistrate. The Act also prohibits demonstrations and gatherings in designated areas in Cape Town and Pretoria, unless permitted by the Chief Magistrate or the Director-General for the Office of the State President.

Police may also prohibit gatherings in particular places if:

• There is credible information under oath that the proposed gathering:
• • Will seriously disrupt vehicular or pedestrian traffic or cause injury to participants in the gathering or other persons or extensive damage to property; and
  • The police and the traffic officers in question will not be able to contain this threat;

• The police met with or (if time does not allow it) consulted with specific people to discuss the prohibition of the gathering; and
• The responsible officer provided reasonable grounds for the decision to prohibit a gathering.

The Act does not provide a formal process for conveners to contest decisions to prohibit a gathering, raising concerns over potential misuse of discretion.

Participants in gatherings and demonstrations are also prohibited from wearing disguises, masks, or any other apparel that obscures their facial features and prevents their identification or resembles uniforms worn by the security forces.

Enforcement

The South African Police Services has been criticized for its handling of legal and illegal gatherings. A key example was the Marikana tragedy in August 2012, when 34 striking miners were killed by police during a protest.

In response, the government established the Marikana Commission of Inquiry. The Commission’s 600-page report, released in June 2014, largely dismissed allegations of political interference. However, it recommended that the government review the suitability of the National Commissioner of Police and the Provincial Commissioner for the North West Province to remain in their posts, given concerns that they had misled the Commission. The full report can be accessed by clicking here.

In October 2015, the National Commissioner of Police, Riah Phiyega, was suspended pending the outcome of the investigation to determine her suitability to remain in office. The investigation officially commenced in May 2016 and was finalized in November 2016. The report was submitted to the President of South Africa and parliament’s police portfolio committee as a classified report.

Criminal Penalties and Fines

The Act lists a number offenses that may result in fines up to R20,000 (approximately $2,000) or imprisonment for up to one year or both. Offenses include:

• Convening a gathering without notice;
• Failing to attend a meeting called by the responsible officer of the local authority after having received the notice;
• Failing to comply with any provision regarding the conduct of a gathering or demonstration;
• Contravening or failing to comply with the contents of a notice or a condition for the holding of a gathering or demonstration;
• Convening a gathering that is prohibited by the terms of the Act;
• Failing to comply with an order issued by the Police pursuant to the Act; or
• Supplying false information for the purposes of the Act.

However, a landmark Constitutional Court ruling on November 19, 2018, declared section 12(1)(a) of the Regulation of Gatherings Act unconstitutional. The section made it a criminal offense to convene a gathering without providing notice.

The Court concluded that the provision criminalized even innocuous public gatherings, solely for lack of notice. The ruling emphasized that under international law standards, restrictions on assembly must relate directly to legitimate concerns, such as public safety or order, and should not impose automatic criminalization for failure to give notice. The Court concluded that, “In balancing the above factors, it becomes clear that section 12(1)(a) is not ‘appropriately tailored’ to facilitate peaceful protests and prevent disruptive assemblies.”

Social Development issues notices of non-compliance to NPOs (February 2025)
The Department of Social Development has issued 41,787 notices of non-compliance to non-profit organisations (NPOs), with a total of 6,221 NPOs deregistered for failure to honour their obligations in terms of the NPO Act.

Minister Gwede Mantashe Calls for NGO Funding Transparency (January 2025)
Minister of Mineral Resources and Energy, Gwede Mantashe, has reiterated his stance that NGOs operating within South Africa should publicly disclose their funding sources. He emphasized that the nation “cannot be bullied by western-funded NGOs,” particularly those opposing non-renewable energy projects. This call aligns with his previous statements at the 2023 Africa Oil Week, where he asserted that “foreign-funded NGOs are being used to weaponize environmental preservation to block development in developing nations.”

Social development eyes non-complying NPOs (November 2024)
The Department of Social Development has revealed to members of Parliament’s Portfolio Committee on Social Development that it has started with the process of de-registering non-complying Non-Profit Organisations (NPOs) in a phased approach. The department’s deregistration comes as the 2026 deadline to submit an update to the Financial Action Task Force (FATF) on South Africa’s grey listing status draws near. In February 2023, South Africa was greylisted by FATF, prompting the task force to develop an Action Plan with 22 Action items linked to the eight strategic deficiencies identified in the country’s anti-money laundering and combating financial terrorism regime.

More than half of NPOs registered with government are non-compliant (November 2024)
The Department of Social Development has revealed that 56.6% of its total non-profit organisations (NPOs) are non-compliant with the NPO Act. This was revealed in Parliament.

NPOs that don’t comply with regulations will be deregistered (October 2024)
Organisations with NPO status that remain non-compliant may face deregistration from the NPO register. Those which depend on government funding may then have challenges with contracts and partnerships, reduced capacity to deliver services, staff layoffs, and even closure. This has dire implications for under-resourced communities that rely on the services and facilities provided by these organisations.

Gauteng Department of Social Development misled court on reasons for funding delays (May 2024)
The Gauteng Department of Social Development claimed in the High Court that centralising control of its funding process for non-profit organisations by cutting out senior officials and appointing independent adjudication panels was necessary due to findings of “maladministration” by the Auditor-General. This is one of several misleading statements made in an affidavit deposed by the department’s acting head Bongani Ngomane and filed in response to a High Court application brought by concerned non-profit organisations.

Intelligence Bill will give SSA ominous powers (February 2024)
The State Security Agency (SSA) is making a stealthy bid to expand its powers, allowing it to stick its nose into all manner of political and private activities. Its vehicle is the new General Intelligence Laws Amendment Bill, currently being pushed hurriedly through Parliament. The Bill is intended to reform the agency, following the Zondo Commission of Inquiry into State Capture and the earlier Mufamadi High-Level Review Panel, both of which exposed the role the agency had played in State Capture and which recommended major reforms.

New ‘spy bill’ lacks sufficient checks and balances and civilian oversight (October 2023)
South Africa’s proposed new ‘Spy Bill’ lacks the civilian oversight mechanisms to avoid abuse of its intelligence services, whilst vastly increasing the scope of government surveillance and vetting. The General Intelligence Laws Amendment Bill (GILAB) of 2023 has sparked massive controversy because it allows mass communications surveillance. If signed into law, the GILAB would require that all new security companies, religious organisations and NGOs – and their owners and personnel – be vetted by the state in addition to possible vetting of existing entities including churches, shuls, and mosques.

Hate speech bill is a regression to apartheid-era censorship (September 2023)
Addressing the South African Parliament’s Committee on Security and Justice, international lawyers submitted that a proposed “hate speech” law, entitled the Prevention and Combatting of Hate Crimes and Hate Speech Bill, would violate the human right to free speech with egregious consequences for the country’s democracy. The free speech experts provided legal arguments as to why the bill is in violation of international human rights law.

CSOs ask for NPO Bill to be withdrawn (July 2022)

NGOs slam Motsoaledi for attack on Helen Suzman Foundation (June 2022)

Census 2022 gets under way for count of South Africa’s transient population (February 2022)

Civil society coalition condemns report to UN on inequality (July 2021)

Court finds Rica Act unconstitutional (February 2021)

Court cases mount against lockdown rules (January 2021)

Secrecy Bill is still flawed and needs to be reconsidered (July 2020)

South Africa enacts regulations criminalizing ‘disinformation’ on coronavirus outbreak (March 2020)

Citizens and civil society must fight to protect our democracy (August 2019)

Ruling asserts right of protesters to assemble (November 2018)

Committee Says Legislation Must Be Drafted To Regulate Churches (October 2018)

Zuma’s role in dismantling SADC Tribunal slammed by court (March 2018)

SA drops in rule of law ranking (February 2018)

NGOs forced to do more with less (November 2017)

‘State is trying to control religion and doesn’t listen to us’ (August 2017)

Comedians fight bill that will limit the freedoms that keep us laughing (February 2017)

Over 100 mentally ill patients dead in transfer from hospital to NGOs (February 2017)

President Jacob Zuma sends money-laundering bill back to parliament (November 2016)

Whistle-blower bill one step close to becoming law (November 2016)

Hate speech is not a hate crime (November 2016)

Bill threatening journalism to be re-introduced to parliament (November 2016)

NPOs who don’t toe line to lose funding (August 2016)

NGOs are ‘devils in a sheep skin’ (April 2016)

Some NGOs are security agents of foreign forces (April 2016)

SA’s implementation of human rights laws ‘problematic’ (January 2016)

Marikana Report: Key Findings and Recommendations (June 2015)

South Africa Xenophobia is ‘Afrophobia‘ (April 2015)

South Africa’s wave of discontentment (March 2014)

South African police arrested for murder (January 2014)

NGOs must be ready to resist the interference of ‘guidelines’ (December 2013)

Mine shooting families picket South African government (September 2013)

UK should Revisit on South Africa and Concept of Aid (May 2013)

Joint Media Statement By Minister Dlamini and Ministerial Task Team On Non-Profit Organisations (February 2013)

Banking woes for charity suspected of financing Hamas (January 2013)

Proposals to Change the NPO Act? (January 2013)

ANC pushes secrecy Bill through NCOP (December 2012)

‘Insult law’ commonplace in many countries (November 2012)

Civil society statement on the occasion of the 2nd Southern Africa Regional Child Rights Conference in Johannesburg (November 2012)

Questions linger about police force in protest at mine (September 2012)

The Independent Code of Governance for Non-profit Organizations to be adopted by CSOs (July 2012)

Secrecy Bill breakthrough as ANC agrees to major changes (May 2012)

Secrecy Bill continues to receive criticism during Parliamentary hearings (April 2012)

New protests over Info Bill start today (July 2011)

On October 7, 2021, the Financial Action Task Force (FATF) published its Mutual Evaluation Report entitled “Anti-money laundering and counter-terrorist financing measures – South Africa” in which it concluded that “South Africa has not yet done an assessment of their broader NPO sector to identify those organizations, based on their characteristics or activities, that put them at risk of [terrorist financing] abuse. South Africa also has no capacity to monitor or investigate NPOs identified to be at risk of [terrorist financing] abuse.” With reference to FATF Recommendation 8, which seeks to prevent the misuse of NPOs, the FATF rated South Africa as “non-compliant.”

As of November 2024, however, the 3rd Enhanced Follow-Up Report & Technical Compliance Re-Rating maintained a “partially compliant” status for South Africa for Recommendation 8.