Social Development directed to restore funding for child protection services

IN AN effort to avert what could have potentially led to a  ‘calamitous situation’,  the North West High Court has thwarted that province’s  Department of Social Development’s plans to stop funding  nine non-profit organisations who provide child protection services.

The Rata Social Services NPC, consisting of nine organisations, turned to the court for an urgent order to have their funding restored. They made it clear that at the end of the day, it is the children who are suffering due to the government's actions.

The organisations told the North West High Court, sitting in Mafikeng, that the department decided to no longer fund them for the 2025/26 financial year. Meanwhile, they are battling to assist the needy without any funds.

Prior to refusing them funding, the organisations were receiving subsidies from the department. To that end, the applicants and the department would conclude service level agreements {SLA's} to regulate their relationship. A panel from the department would then review the applications and make a decision. SLAs would then be concluded with the successful NPOs.

Yet, in July last year, the department notified them that they would no longer receive funding. The department cited mismanagement of funds by the NPO and non-availability of funds as reasons for no longer making payments.

The applicants told Judge Sandiswa Mfenyana that the application is urgent because they face imminent closure, which would result in the termination of services to thousands of vulnerable children and adults. They detailed specific child protection cases they are currently handling, which are at risk due to a lack of funding.

These cases involve children from 18 months to 16 years, adults who receive assistance with food, clothing or basic needs, as well as abandoned children who cannot be placed, some without birth certificates.

The organisations are faced daily with requests for assistance for vulnerable people directed to them, but they cannot assist the needy due to lack of funds, the court was told.

The department, on the other hand, said they have the capacity to handle the cases managed by the organisations or any new cases. According to the department, the children’s rights are not at risk, as it is not anything new for the department to take over from non-profit organisations.

But the applicants countered this by saying that there is imminent danger to the beneficiaries as the department has no plan to assist the children. They are adamant that the department has not done anything to assist the children, some of whom face abuse at their homes and are at risk of being returned to such abusive environments.

Judge Mfenyana commented that as long as there is a reasonable fear of harm as described by the applicants, the court must intervene to address the situation. She said the department’s explanation for its decision to no longer pay leaves a lot to be desired. It offers a vague and generalised explanation for why the nine applicants were denied funding. Importantly, the judge said, it offers no explanation as to how it intends to manage and provide the services previously rendered by the applicants.

It is troubling, the judge said, that the department shed no light on what will happen with the beneficiaries, particularly those currently serviced by the applicants. “The generic response that the department is the constitutionally mandated administrator of social services overlooks the fact that it operates through shared responsibility and partners,” she said.

The judge concluded that the court has a duty to avert a calamitous situation resulting from the department’s inaction.

Reacting to the court outcome, the Public Servants Association (PSA), said the decision safeguards professional capacity.

"Social workers, child and youth care practitioners, and support staff will receive overdue payments, preserving scarce skills within a sector already under strain. It furthermore reinforces institutional accountability. The judgment sends a clear message that contractual and statutory obligations cannot be suspended without lawful and rational basis."

Cape Times