Joint Press Statement | North West High Court Restores Lifeline Services for Vulnerable Children in Landmark North West Funding Judgment

Date: 12/02/2026


Today Lawyers for Human Rights together with the ten non-profit organisations involved welcome the North West High Court’s judgment in RATA Social Services NPC & Others v MEC for Social Development, North West Province. The court has reviewed and set aside the Department’s decision to withhold funding for the 2025/2026 financial year and directed the Department to conclude service level agreements and issue designation certificates within 10 days. 

 

This judgment restores critical protection for thousands of vulnerable children and families who rely on statutory child protection services. The organisations before the court perform lifesaving functions. They investigate abuse and neglect, remove children from unsafe environments, place abandoned children, and provide food, clothing and other basic needs. The court rightly found that the Department’s vague and generalized explanation for cutting funding offered no credible plan for how those services would be replaced or how children would be kept safe.

The ruling reaffirms two fundamental principles. First, the best interests of the child are paramount and cannot be subordinated to unexplained budgetary choices. Second, public administration must be lawful, and transparent. Budgetary constraints do not licence decisions that risk constitutional rights. The court’s intervention is a corrective measure for accountability and continuity of care.

Louise Du Plessis, Head of Land, Housing and Property Rights at Lawyers for Human Rights, said:

We welcome the Mahikeng High Court judgment which compels the Department to enter into service level agreements with social services NPOs whose funding was stopped without justification. The funding cuts left organisations unable to provide essential services to thousands of vulnerable people, especially children. We cannot overstate our dismay at this careless decision by the Department.”

While Charmaine Fourie, Executive Director of Rata Social Services said “

We are very relieved and very thankful for the outcome of the High Court case. It was a very difficult time where we had to continue rendering services to vulnerable children and families even when we had no idea how to afford it. Without this outcome we would have had to close down more offices on top of those organisations who have already had to close their doors. This gives us hope as we are still able to continue with these important services. We are hopeful that we will be able to build bridges with the Department and that we will be able to go into an equal partnership with each other.  This judgement will hopefully guide our Sector to be able to navigate challenges experienced more positively.

We call on the Department to implement the order immediately and to engage transparently with civil society partners to ensure uninterrupted service delivery. Children’s rights cannot wait for administrative convenience. LHR and our partner organisations remain committed to working with government where possible and to challenging unlawful decisions when they threaten the safety and dignity of those we serve.

END

Undersigned NGO’S

  1. Rata Social Services
  2. Child & Family Welfare Potchefstroom
  3. Childline North West
  4. SAVF North West
  5. SAVF Potchefstroom Gesinsorg
  6. SAVF Zeerust
  7. SAVF Lichtenburg
  8. SAVF Klerksdorp
  9. SAFV Rustenburg
  10. SAVF Atemelang Child & Youth Care Centre
  11. Lawyers for Human Rights

For more inquiries, please contact

Louise du Plessis at (louise@lhr.org.za )

Charmaine Fourie (charmaine@rata.org.za / 071 684 7796)

Lindie Smith (supervisorpotchcw@gmail.com / 082 856 5247)

Melindi van Rooyen (director@childlinenw.co.za / 083 634 7639

Dr Blanché Verster (bverster@savf.co.za / 083 630 9969 

Mpho Makhubela (Mpho@lhr.org.za)

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