Court vindicates DA as MEC Dantjie’s defence of NPO funding cuts falls apart

Issued by Hendriëtte van Huyssteen – DA Spokesperson on Social Development in the North West Provincial Legislature
28 Sep 2026 in Press Statements

Please find attached English and Afrikaans soundbites by Hendriëtte van Huyssteen, MPL and in Setswana by Barnard Manne, Cllr in Madibeng Local Municipality.

  • High Court orders DSD to reconsider NPO funding cuts after failing to follow its own policy.
  • MEC Dantjie defended the funding decision in the Legislature despite warnings about its impact on vulnerable communities.
  • DA demands restored funding, accountability and continuity of essential child protection services.

The North West High Court has ordered the provincial Department of Social Development (DSD) to reconsider its reckless decision to cut funding for non-profit organisations (NPOs) that provide social and child protection services across the province. It is a decisive vindication of the Rule of Law — a cornerstone of the Democratic Alliance — and a firm reminder that administrative decisions impacting the lives of vulnerable residents must be justified with lawful and rational reasons.

The case arose when the provincial Department withdrew funding from nine NPOs providing child welfare services for the 2025/26 financial year without proper administrative process or consultation. Some NPOs have already closed their doors, while others are on the verge of collapse. The gap these closures create harms thousands of children and families who rely on these services.

At the heart of this judgment is the fact that the provincial Department failed to comply with the Sector Funding Policy, which sets out exactly how administrative procedures and requirements apply for continuous funding of NPOs. There can be no “tap” on funding without proper recourse, planning and engagement. The Department’s unilateral action breached not only the policy but also constitutional obligations to provide social protection and uphold children’s rights.

While the judgment requires the provincial Department to enter into new service-level agreements and restore funding, it also raises serious questions about how an already stretched Department will fund these organisations. The court found that “the Department made vague and unsubstantiated budget claims without planning or contingency for absorbing the large caseloads previously managed by the NPOs.” This administrative failure exposed critical fractures in service provision and demonstrates why the Department needs transparency, accountability and sound financial planning.

The DA has consistently driven the issue of NPO funding during this 7th Administration of the North West Provincial Legislature and will continue to do so until the Department is compliant and vulnerable communities receive the services they are entitled to.

MEC Sussana Dantjie cannot distance herself from this failure. She defended the Department’s position in the North West Provincial Legislature while NPOs warned of the devastating consequences of the funding cuts. The court has now found that the Department failed to follow the very policy governing these funding decisions.

The ruling shows that funding decisions in the social development sector are not privileges but constitutional responsibilities backed by clear policy frameworks. Government cannot cut off financial support for NPOs without reasonable alternatives or continuity of care.

This victory for NPOs and vulnerable children in the North West sends a strong message to all arms of government: administrative decisions that put essential services at risk must be properly and legally justified. The Rule of Law has to apply everywhere.

The Democratic Alliance calls on MEC Dantjie to take responsibility for the Department’s failure, ensure that funding is restored without further delay, and provide a clear plan for ensuring continuity of services to vulnerable children and families.

The Department is now directed to issue certificates of designation to the applicants within 10 days, subject to the provisions of Section 107 of the Children’s Act 38 of 2005 and the Non-Profit Organisations Act 71 of 1997.