The Gauteng Department of Social Development has implemented a funding clause prohibiting non-profit organisations from using provincial funds to remunerate non-South African employees, alongside a requirement that senior board positions—including chairperson, secretary, and treasurer—be held by South African citizens.
Deputy Director-General Tebello Mkhonto clarified that the department is not introducing new policy but rather enforcing existing legislative frameworks. “We are not stopping the funding of non-South Africans. We are just complying with the legislative frameworks that are there,” Mkhonto stated.
The requirements stem from two key pieces of legislation: the Children’s Act 38 of 2005, which mandates vetting against the National Child Protection Register for anyone working with children, and the Criminal Law (Sexual Offences and Related Matters) Act 13 of 2021, which requires vetting against the National Register for Sex Offenders for those serving vulnerable groups, including children, persons with disabilities, older persons, and shelter residents.
According to Mkhonto, these compliance expectations were included in the department’s 2025/26 financial year call for proposals. To support implementation, the department collaborated with the Department of Justice to roll out training and capacity-building programmes for NPOs on vetting procedures.
An internal analysis of funded organisations identified approximately 20 foreign-national social service practitioners, eight foreign nationals in management roles, and additional foreign nationals in general support positions such as drivers, security personnel, and maintenance staff. Mkhonto noted that with over 2,000 unemployed South African social workers currently available—and approximately 2,200 employed by the department and roughly 870 by the NPO sector—the departure of non-compliant staff would not exacerbate service delivery shortages.
The department emphasised that it does not directly employ social workers contracted through NPOs. Instead, it enters annual service level agreements with NPO boards of management, which bear responsibility for ensuring compliance with funding conditions. Under updated agreements, NPO boards must be at least 51% South African, with the chairperson, secretary, and treasurer required to hold South African citizenship.
For foreign nationals engaged in direct service delivery with children or vulnerable groups, the department stipulated that such individuals must obtain police clearance certificates from their countries of origin. NPO boards, as employers, are responsible for verifying the authenticity of these documents.
Mkhonto addressed concerns about potential service disruption, stating that the majority of NPOs have already signed compliant service level agreements. “Those who are excluded are in the minority,” he said, adding that the department does not anticipate a collapse in service delivery. Should vacancies arise due to non-compliance, unemployed South African social workers would be eligible to apply for those positions.
Regarding NPOs expressing fears of closure or staff retrenchments, Mkhonto noted that with only a small number of positions affected per organisation, service provision under signed agreements should continue uninterrupted. The department maintains that protecting vulnerable groups through legislative compliance remains its core mandate.
