OpinionPREMIUM

VUYO ZUNGULA: Protecting SA’s sovereignty through transparency and regulation

While civil society plays a vital role in any society, undue foreign influence can distort national decision-making

Picture: 123RF/GINASANDERS
Picture: 123RF/GINASANDERS

Some 31 years after the advent of democracy, it has become clear that the many assumptions South Africans hold about their country’s unique and special place in the world are a mirage.

For the past 18 months or so, the country has been under pressure to abandon its case of genocide against Israel at the International Court of Justice.

Following the return of President Donald Trump to the White House, the pressure has been ratcheted up on spurious grounds, such as a supposed genocide against Afrikaners. Previously, there was an attempt to bully South Africa to change its nonaligned position on the Ukraine-Russia war through unfounded allegations of arms transfers to Russia.

Not every voice claiming space in the public discourse has South Africa’s best interests at heart. AfriForum, Solidarity and the Cape Independence Movement have a regressive agenda that could set back the country’s transformation agenda and ferment instability.

While the demand by the US for South Africa to withdraw the Expropriation Act is an attempt to interfere in this country’s domestic policies, it should not be lost on all that this has been done with the prodding of NGOs that claim to represent local constituencies.

A more insidious, and often overlooked, phenomenon is that of foreign-funded NGOs that speak on behalf of local communities. It has become commonplace to see NGOs rushing to court to challenge government policies on some or other ground. For these reasons, the African Transformation Movement (ATM) will introduce a bill to compel NGOs to disclose their funding sources.

The goal is to promote transparency and regulate the conduct of these organisations to avoid the appropriation of legitimate public concerns to advance foreign agendas. If adopted, the legislation will limit undue influence by wealthy donors and nations who use their money to exert undue influence over South Africa’s public policies. It will also enable South Africans to know who funds whom.

Tobacco policy ‘captured’

This legislation is urgent. In the public health sector, there is a growing concern that South Africa’s tobacco policy may have been “captured” by US-linked NGOs that are pouring vast resources into ensuring the Tobacco Products & Electronic Delivery Systems Control Bill is passed with all its reported weaknesses.

In the mining sector, policy and administrative decisions are subjected to judicial review on a whim, ostensibly to protect the environment, without regard for the socioeconomic circumstances of those who may benefit from the proposed mining activities.

By shining a light on funding sources, we can safeguard the integrity of our democracy and policy-making processes, ensuring that South Africa’s future is shaped by its people

In energy, the country is saddled with a “just energy” framework whose only assured outcome is a loss of jobs in coal mining communities, without any concrete plans to replace those lost jobs and livelihoods.

The concept of a foreign agents bill is not new. Other nations have introduced similar laws to protect their sovereignty. In recent years, the Philippines government has raised concerns about foreign-funded organisations interfering in its domestic policies. For instance, some international NGOs have been accused of financially supporting government regulators and local NGOs to oppose government policies, particularly in public health.

In response, the Philippines has tightened regulations on foreign-funded NGOs, requiring greater transparency in their operations and ensuring that they do not engage in activities that undermine national interests.

In 2012 Russia enacted a foreign agents law to regulate NGOs receiving foreign funding while engaging in political activities. The law requires nongovernmental organisations receiving funds from abroad and engaging in “political activities” to register with the ministry of justice as “foreign agents”.

Strict control regime

According to the law, “foreign agents” are subject to a strict control regime, including extensive annual audits, quarterly financial reporting, and voluminous reporting on all activities every half year.

In 2024 Georgia passed legislation requiring NGOs receiving more than 20% in foreign funding to register as organisations “bearing the interests of a foreign power”. NGOs would also be monitored by the justice ministry and could be forced to share sensitive information or face hefty fines.

These examples underscore the importance of striking a balance. While civil society plays a vital role in any society, undue foreign influence can distort national decision-making, often in ways that do not align with the country’s national interests.

The proposed bill is not an attempt to suppress the voices and activities of civil society in South Africa. We acknowledge the value of civil society organisations, such as the role played by the Treatment Action Campaign in South Africa’s HIV/Aids response.

However, South Africans must be vigilant against undue foreign influence as this may severely corrode democracy. By shining a light on funding sources, we can safeguard the integrity of our democracy and policy-making processes, ensuring that South Africa’s future is shaped by its people.

Zungula is a MP and president of the ATM

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