Mava B Scott

Thirty years into democracy, one would have thought that the role and impact of non-governmental organizations would have multiplied tenfold in consolidating the gains of democracy and freedom.

Instead, what we have observed over the years has been a deteriorating state and nuanced role of most of these organizations. The worst-case scenario is the one of groupings who mushroom overnight, cloaked in NGO regalia and purport to be speaking for the marginalized.

It is not disputed that in addition to the state organs conducting checks and balances over their various institutions, the NGO sector has a critical role in keeping these state organs in check while discharging their various mandates. The state relies on all sectors of society including the academia, religious fraternity, media and the non-governmental sector in the fulfillment of its constitutional mandate.

It is a different paradigm altogether when a group of individuals, concerned or not, choose to come together and assume the role of a non-governmental organization, only to frustrate genuine programs and interventions of the state. The case in point is the actions undertaken by the new group that fashioned itself as Society for the Protection of Our Constitution which took government to court regarding the issue of humanitarian aid for the illicit miners in Stilfontein.

Their contention was that government is obliged in terms of the constitution to provide the illegal miners with food, water, blankets and medicine among others. Their argument in essence was that the government was violating the illicit miners’ rights of human dignity and access to health care, food and water enshrined in our constitution. It is welcome relief that the court dismissed their application albeit for different reasons including lack of evidence in some of the allegations they made in their application.

In their suspect advocacy for the illicit miners, the group ignored the mandatory constitutional responsibility of the police, which is to prevent, combat as well as maintain law and order in the Republic. The bottom line is that the activities that the police undertake at Stilfontein and other affected areas through Operation Vala Umgodi are aimed at combating illicit mining in line with their constitutional obligations.

The criminal activities of these illicit miners are not only a threat to the sustainability of the mining sector, but also undermine South Africa’s economic development. They also compromise the safety of communities and the very lives of these illegal miners. We need not remind anybody that only last year, thirty one miners were killed in an underground gas explosion at a disused mine in Welkom, while seventeen other people also died from a gas leak linked to illegal mining in Boksburg.

The biggest concern which must worry our society is when a part of us is prepared to overlook these serious repercussions of illicit mining and the violation of the very constitution these groups purport to advocate for, by criminals who are hellbent on illegally plundering the resources of our country. As evidence is showing, many of these illicit miners are illegal foreigners who are not supposed to be in the country in the first place, let alone doing work or business of whatever nature.

What is worse is that these overnight groupings bury their heads in the sand, when such people are found to be committing horrible crimes against the citizens of our country. The unsolved issue of the rape of a group of women in the West Rand around disused mines in Krugersdorp still haunts all of us to this day. The perpetrators of this heinous crime are still out there and are assured of pro bono representation by these overnight groups should they be found and prosecuted.

And yet, some, like this overnight Society for the Protection of our Constitution, are conspicuous by their silence in the current challenges facing our society today. This includes the painful outbreak of foodborne illnesses and fatalities in and around townships and villages of our country. The NGO sector of old would have wasted no time to fold their sleeves and work with government to tackle the scourge that threatens the lives of our future leaders in society.

The work of non-governmental organizations is even more crucial in our democracy than it was during apartheid. We need NGOs to continue educating citizens about the values of a democratic society. They must work along with the government to address pressing social and economic issues to uplift the livelihoods of people.

Where necessary, the non-governmental organizations must challenge the state to fulfill its constitutional mandate of serving the people of South Africa. We all have an obligation to fulfill the aspirations of the people of this country and not abuse the constitution for the advancement of nefarious agendas that have little to do with the wellbeing of South Africans.

Scott is a government communicator stationed at GCIS. He writes in his personal capacity.