New Compliance Framework for Gauteng NPOs Sparks Sector Dialogue

Gauteng’s non-profit sector is adjusting to updated Service Level Agreement (SLA) requirements issued by the provincial Department of Social Development for the 2026 financial year, with new provisions addressing governance composition and staff vetting protocols.

Tebello Mkhonto, Deputy Director-General of the Gauteng Department of Social Development, outlined the rationale behind the revisions, stressing that the measures align with existing legislative mandates aimed at protecting vulnerable populations.

The updated SLA introduces specific governance criteria: at least 51% of an NPO’s board members must be South African citizens, and executive roles—specifically chairperson, secretary, and treasurer—must be occupied by South African nationals. Foreign nationals remain eligible for non-executive board membership.

On employment matters, the agreement stipulates that provincial funding may not be used to remunerate non-South African staff unless their skills are formally classified as scarce. Additionally, any foreign national engaged in work with vulnerable groups—especially children—must undergo mandatory vetting through the Children’s Act framework and the National Register for Sex Offenders.

Mkhonto emphasized that the department is not instituting a blanket prohibition on employing foreign national social workers. “We are not saying that we are not going to fund NPOs that are employing foreign nationals,” Mkhonto explained. “It’s just about them complying with what is required in the legislative frameworks that are there to ensure that our most vulnerable are protected and regulated.”

For foreign nationals who cannot be vetted through South African systems, the department requires police clearance documentation from their country of origin. This step, according to Mkhonto, ensures accountability when serving children, older persons, persons with disabilities, survivors of gender-based violence, and homeless individuals.

Addressing speculation about a policy shift, Mkhonto confirmed the department’s stance has not changed. The department currently maintains a database of approximately 2,000 unemployed South African social workers. “If we have so many social workers who are South Africans and not employed, we cannot prioritize foreign nationals who are also not complying with the legislative frameworks,” Mkhonto stated.

Regarding recurring concerns about payment delays to NPOs, Mkhonto clarified that funding disruptions arise from multiple compliance-related factors. These include NPOs’ non-adherence to municipal bylaws or submission of incomplete documentation—not solely vetting procedures. The department, Mkhonto noted, collaborates with local municipalities to support NPOs in resolving these issues and accessing allocated funds.

The revised SLA framework seeks to reinforce protective safeguards while sustaining the operational capacity of NPOs that deliver critical social services across Gauteng.

 

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