Holding government to account : case notes

• Author: Meda Couzens
• Date: 01 January 2011
• Published date: 01 January 2011
• DOI: 10.10520/EJC153204
• Pages: 320-328

Holding government to account

National Association of Welfare Organisations and Non-

Governmental Organisations v MEC for Social Development, Free

State

1Introduction

On the 2010-08-5, the Free State High Court (Van der Merwe, J) delivered

National Association of Welfare Organisations and Non-Governmental

Organisations v MEC for Social Development, Free State,

1

which recognises the

significant contribution by non-profit organisations (NPOs) to the provision of

statutory services in South Africa. The judgment affirms the responsibility of

government to offer financial support to organisations that render statutory

services, and provides guidelines on how the responsibility between the state and

NPOs should be shared in order to prevent the state from abdicating its

constitutional and statutory duties.

2 Parties, issue and factual background

The National Association of Welfare Organisations and Non-Governmental

Organisations (the first applicant), the NG Social Services, Free State (the second

applicant) and the Free State Care in Action (the third applicant) brought an

application against the Member of the Executive Council for Social Development,

Free State, the Head of Department of Social Development, Free State and the

national Minister of Social Development, alleging that the respondents failed to

meet their constitutional and statutory obligations regarding the provision of

welfare services to those in need.

The legal question to be decided was whether the provincial policy of the

Department of Social Development, Free State (‘the Department’) to fund NPOs

that provide statutory services to children, older persons and those affected by

other vulnerability factors

2

is in conformity with its constitutional and statutory

obligations.

3

1

[2010] JOL 26056 (FB) (National Association).

2

Id para 3.

3

Id para 1.