On 1 March the government introduced legislation intended to cut off the foreign funding of organisations with broadly defined 'political purposes'. The proposals came in the wake of the restrictions imposed on individuals and organisations under the emergency regulations.
Many anti-apartheid organisations, trade unions and religious bodies receive substantial funding from abroad. The European Economic Community, for example, has reportedly already donated US$30.5 million to anti-apartheid groups and plans to spend a further US$24.4 million this year.
The current proposals follow a series of threats made by government representatives since June 1986. There are already laws giving the government extensive power to restrict foreign funding.
The Fundraising Act, 1978, prohibits any organisation from collecting contributions, inside or outside the country, if the government deems this to be in the 'public interest'.
The Affected Organisations Act, 1974, gives the government powers to investigate and to monitor an organisation's activities, and to declare it 'affected' on the grounds that it engages in politics with assistance from or under the influence of an organisation or person abroad. In October 1986 the UDF was declared an affected organisation. However, this was challenged in the Supreme Court in May 1987. The case was won on technical grounds and although the government was granted leave to appeal, it did not take the matter any further at that time.
The Prohibition of Foreign Financing of Political Parties Act, 1968, prohibits the foreign funding of all political parties and of any other organisation with political aims or objectives.
In May 1987, Beyers Naude, then General Secretary of the South African Council of Churches, said that some 80 secular organisations had been investigated under the Fundraising Act. In August PW Botha announced in parliament that a joint parliamentary select committee of enquiry would be appointed to investigate the activities and funding of extra-parliamentary groups. Later, in October, the Minister of Justice told the Natal National Party Congress that the government would be introducing new measures to control overseas funding of political groups. The aim of the new measures, he said, would be to close loopholes in the existing laws.
There was thus widespread expectation that an attack on foreign funding would be made. The proposed measures, incorporated in the Promotion of Orderly Internal Politics Bill, go further than anticipated. The legislation would empower the Minister of Justice to declare organisations or individuals restricted if they receive money from abroad for activities which the minister believes may endanger public safety and order. All funds received would have to be handed over to a government registrar of restricted organisations. The registrar would have the power to enter premises and seize any documents during the course of his investigations. If it was decided that the money was intended for political purposes it would either be 'returned to the foreign source or dealt with as determined by the minister'.
Provisions are made in the bill to amend the Fundraising Act in an attempt to tighten control of the collection of contributions from the public and to increase penalties for contravention. Amendments are also made to the Affected Organisations Act 'to facilitate the effective administration of the act' by closing various loopholes.
Another section of the bill would make it an offence for any person to foment hostility or violence between 'persons of different nationality, cultural or religious groups'. Those found guilty would be liable to a maximum fine of R4,000 or up to two years' imprisonment. The Minister of Justice would further be empowered to identify any display in public of any flag, emblem, mark or slogan which may have the effect of fomenting hostility between groups.
The future of the bill is by no means certain. It has to be considered by a joint committee of the Tricameral Parliament which began to sit on 15 April. This stage is often time-consuming and it could be several months before it becomes law. Moreover, the committee has the power to amend the bill and it may well emerge from this stage in a different form.
