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worsening the funding crisis. The level of flexibility in doing work has decreased
tremendously. CSOs have to stick to the business plans (funding proposals) as presented
and agreed upon with their funding partners. There is also a decline in the number of skilled
employees as the state and other sectors continue to recruit key personnel from the NGO
sector. In addition, the global funding crisis precipated by the 2008 financial and economic
crisis limits the ability of CSOs to apply corporate governance standards under the King III.
In this environment CSOs find the King III reporting requirements onerous, given the size of
the organisation and the priority for the use of funds in a particular way.
Civil society formations also oppose King III on the basis of its inapplicability, given civil
society’s objective of social rather than financial profit. So, the sector launched an
Independent Code of Governance for Non-profit Organisations in South Africa on 25 July
2012 which was supported by umbrella organisations representing the majority of NPOs. To
ensure broader application, the King III implementing body set up a Special Committee to
address the concerns of Non-profit organisations and highlight the relevance of its
obligations and Code to the sector.
The above Committee held consultations in October 2012 and the Institute of DirectorsSouth Africa released special notes on the application of King III for the NPO sector. These
consultative and national processes achieved greater discussion around the implementation
and understanding of King III as well as on whether the Independent Code of Governance
should be applied. On the whole there is consensus in the CSO sector on the desirability of
the adoption of some form of corporate governance codes. Over 50 umbrella and
independent networks are publicly noted to have adopted the Independent Code of
Governance for Non Profit Organisations representing the larger majority of NPOs.
3.4 SOCIO-ECONOMIC DEVELOPMENT
3.4.1
Increasing the pace of land reform and access to rural land
In South Africa the year 2013 marks the centenary of the 1913 Land Act.The Act was
enacted on 19 June 1913. The Land Act provisions limited African land ownership to 7%
which was later increased to 13% through the 1936 Native Trust and Land Act of South
Africa. The Act restricted black people from buying or occupying land except as employees
of white people. It however gave white people ownership of 87% of land and leaving black
people to scramble for a mere 13% of land. It is against this backdrop that black people
found themselves displaced in their own land. The Act made life extremely difficult for black
people until the Commission of Restitution of Land Rights was established in 1994 to provide
equitable redress to victims of racially motivated land dispossession, in line with the
provisions of the Restitution of Land Rights Act, 1994 (Act No. 22 of 1994).
The civil society, labour, business and the government are all fully aware of the challenges in
the area of land reform. For its part, government has embarked on numerous bold steps to
mitigate and reverse the negative impact of this Act. In relation to progress in terms of
government performance in this area, it is worth noting that between 2009 and 2011,
approximately 823 300 hectares of land were acquired and allocated to 20 290 beneficiaries
through the redistribution programme. About 76 368 land claims relating to 2.9 million
hectares of land were settled. Furthermore, 595 farms were rehabilitated through the
redistribution programme by rebuilding the infrastructure.
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