At least 1.5m people from civil society call on MPs to reject ‘unconstitutional’ 2021 Budget

Since it was published, the 2021 Budget has been called out as unconstitutional and austere from many corners. More than 200 social movements, civil society organisations, trade unions and individuals, in an open letter to members of Parliament, have endorsed a call for MPs to reject the Budget and send it back to the drawing board. The current Budget will cut public spending by R265-billion over the next three years in areas which directly affect human rights.

The signatories of the open letter represent 1.5 million people, according to Section27, one of the signatories.

The letter urges the members of Parliament to use their constitutional powers to send the Budget back to the executive. They should demand that it protects human rights and finds an alternative way of managing public debt, the letter states.

“This demand is made because of the scale of the attack the 2021 Budget makes on public service delivered by government, which will negatively impact the majority of people in the country,” Section27 said.

It estimates that public spending will plummet by R265-billion over the next three years. The cuts slice into health, social grants and basic education.

The letter was sent to the Select and Standing Committee on Finance on 9 March. This committee is the first to be able to send the Budget back and make recommendations on it, says Section27.

The committee noted the public submissions regarding “accountability to the Constitution” but did not make any recommendations on it.

“We say that this is an austerity fiscal framework that lays the burden of ‘fiscal consolidation’ firmly on the backs of the poor and working classes, attacking our constitutional rights while handing out tax breaks to corporates and high-income earners – and therefore must be rejected,” it explained.

The 2021 Budget has come under fire since it was published on 24 February.

The Black Sash and Budget Justice Coalition have been among the civil society organisations which publicly stated that the Budget fails to address the present humanitarian crisis and the cuts undermine the government’s constitutional mandate.

The 2021 Budget signals a further erosion of basic human rights to basic education, healthcare and social grants – all of which are protected by the Constitution, argued Michael Sachs before Parliament. He is the former head of National Treasury’s Budget Office and is the acting chairperson of the Financial and Fiscal Commission.

This is the first time a Budget has been tabled “that unambiguously envisaged a retrogression in socioeconomic rights set out in the Bill of Rights” – a regression “likely to extend beyond the three years of the medium-term expenditure framework until debt had stabilised”.

Senior researchers at the Developmental, Capable and Ethical State research division at the Human Sciences Research Council have also questioned whether the Budget can be justified. If not, then it is not only trampling on the Constitution but also on numerous international obligations.

This Budget “in effect upends 25 years of using government spending as a core tool for redistribution,” writes Dr Neva Makgetla, a senior economist at Trade & Industrial Policy Strategies. She argues that money is not being spent where it counts and will have dire consequences for social and economic growth.

The open letter is published in full below, along with the list of signatories.

Open letter to the honorable members of the Standing and Select Committees on Finance, Parliament of South Africa

As social movements, trade unions, civil society and 130 concerned individuals, we call on Parliament to reject the 2021 Budget and protect human rights.

The approval of the 2021 Budget by our elected representatives in Parliament will result in the widespread violation of many of the rights enshrined in the Constitution. The Budget proposes deep funding cuts to public services amounting to hundreds of billions of rands which will have negative impacts on the majority of people in the country, while taxes on high incomes and corporate profits will be reduced. The real cuts to funding for education, health services, social grants and other critical areas of service delivery are indefensible in light of the extreme levels of inequality, poverty and unemployment we are facing in South Africa.

Over 18 million people who rely on the income support provided by social grants face a real decrease in the value of their grants. The paltry R10 increase to the child support social grant will not even buy a loaf of bread! Millions of learners in rural and township schools face rising class sizes due to a lack of teachers because of the reduction in funding for education. The public health system will be weakened by cuts to primary healthcare services and to public hospitals, while 300,000 people will not receive access to vital antiretroviral medicines due to budget cuts to the HIV/Aids programme. The erosion of public services will further entrench the systemic discrimination against womxn, particularly black womxn, who will, again, have to step in to fill the ever widening gaps left by the state’s abrogation of its responsibilities.

The cuts to public services proposed in Budget 2021 break the Constitution’s promise to “improve the quality of life of all”.

The Constitution states that the Bill of Rights is the cornerstone of democracy in our country. It requires the state to “heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights”. These rights include the right to basic education, the right to healthcare services, the right to social security and protection, the right to food, the right to water and sanitation, the right to housing, the right to a healthy environment, the right to fair labour practices and the right to redress and restitution of land.

The 2021 Budget tabled by Finance Minister Tito Mboweni on behalf of the executive directly attacks these rights with severe funding cuts totalling R265-billion over the next three years, including:

• R67.2-billion to be cut from spending on public health;


• R36-billion to be cut from spending on social grants, resulting in a real decrease in income for millions of recipients of the child support grant, disability grant, foster care grant and the older persons grant; and


• R9-billion is taken from public schools, meaning the state will spend R1,000 less per learner enrolled in the 2022 academic year compared with the 2020 academic year in real terms.

The list goes on. In total, government has proposed that “consolidated non-interest spending will contract at an annual real average rate of 5.2%.”  In rand terms, the austerity measures mean that government plans to spend R2,700 less per person on public services in real terms in 2022 compared with what it was spending in 2019.

Moreover, as the Financial and Fiscal Commission has noted in its submission to Parliament on the 2021 Budget, “the erosion of real budgets for basic rights set out in the Constitution may well continue, even beyond the tabled medium-term plan”.

We believe that the 2021 Budget is unconstitutional.

While many socioeconomic rights are subject to “progressive realisation within the state’s available resources”, this does not mean that government can simply assert that cutting funding for rights is necessary to reduce public debt.

The United Nations Committee on Economic, Social and Cultural Rights, which South Africa signed up to in 1994 and ratified in 2015, sets global standards for protecting human rights. The committee has said that for countries to justify cutting the funding for socioeconomic rights, they must clearly demonstrate that the cuts are:

• Temporary, meaning they will stay in place only so long as they are absolutely necessary;


• Reasonable, meaning that they are the most effective way of achieving government’s larger aims;


• Necessary, with alternative financing measures, including income, wealth and corporate taxes, exhausted;


• Proportionate, in that their human rights benefits outweigh their costs;


• Not directly nor indirectly discriminatory – this applies not only to specific budget cuts but to “fiscal consolidation” as a whole, which must be based on a fair sharing of burdens between social groups such as the rich and poor, the old and the young, womxn and men, present and future generations;


• Implemented transparently and only after completing an assessment of their potential impact, which must be based on the meaningful participation of affected groups; and


• Subject to meaningful review and accountability procedures.

We believe that the 2021 Budget fails to meet these standards.

We therefore, as social movements, trade unions, civil society organisations and concerned individuals, reject the 2021 Budget tabled by Finance Minister Tito Mboweni on 24 February 2021.

We call on Parliament to send the Budget back to the executive and require it to meet its socioeconomic rights obligations and consider alternative ways of managing our public debt.

Signed by:

This letter is endorsed by more than 200 signatories, including trade unions, social movements, NGOs and more than 100 individuals. If you would like to sign as an organisation or individual, click here: your signature will be added to the list. The full list which continues to be updated can be accessed here. A copy of this letter is available here. DM/MC

Trade unions

1. Association of Mineworkers and Construction Union (Amcu)


2. Commercial, Stevedoring, Agricultural and Allied Workers Union (CSAAWU)


3. Democratic Municipal and Allied Workers Union (Demawusa)


4. Food and Allied Workers Union (Fawu)


5. National Health, Education and Allied Workers Union (Nehawu)


6. National Union of Public Service and Allied Workers (Nupsaw)


7. Public Allied Workers Union of South Africa (Pawusa)


8. Public Services International (PSI)


9. South African Domestic Services and Allied Workers Union (Sadsawu)


10. South African Municipal Workers Union (Samwu)


11.  South African Federation of Trade Unions (Saftu)

Social movements

1. #PayTheGrants


2. Johannesburg Informal Traders Platform


3. Abahlali base Freedom Park


4. KeepLeft


5. Abahlali baseMjondolo


6. Land Rights Organisation of South Africa


7. African Water Commons Collective


8. Makause Community Development Forum


9. Alrapark and MacKenzieville Housing Committee


10. Marikana Youth Development Organisation


11. Amadiba Crisis Committee


12. Ntinga Ntaba kaNdoda


13. Amandla Port Elizabeth Forum


14. Progressive Organisations Forum (POF)


15. Assembly of the Unemployed


16. Primrose Backyard Dwellers Forum


17. Back2Work Campaign


18. Right2Know Campaign


19. Black Consciousness Movement United


20. Robertsham Tenants Association


21. Botshabelo Unemployed Movement


22. Rural Women Assembly South Africa


23. Brinville Unemployment Forum


24. SANCOYO


25. C19 People’s Coalition


26. Sandvlei United Community Organization


27. Concerned Community of Alexandra


28. Sisonke Revolutionary Movement


29. Eastern Cape Water Caucus


30. Socialism from Below


31. Equal Education


32. South African Green Revolutionary Council


33. Extinction Rebellion


34. Tenants Association of Robertsham


35. Fight Inequality Alliance Gauteng


36. The Social Process NPC


37. Fight Inequality Alliance South Africa


38. Unemployed People’s Movement


39. Free State Rural Women Assembly


40. United Front


41. Gauteng Housing Crisis Committee


42. Waterberg Women Advocacy Organization


43. Housing Assembly


44. Westside Park Community Crisis Committee


45. Inyanda National Land Movement

Civil society organisations

1. 350Africa.org


2. Pietermaritzburg Economic Justice & Dignity Group


3. Alternative Information and Development Centre (AIDC)


4. Polisee Space


5. Black Sash


6. Rural Health Advocacy Project


7. Centre for Child Law


8. Sàm Soya Centre for Democracy and Human Rights (SSCDHR)


9. Children’s Resource centre


10. Section27


11. Co-operative and Policy Alternative Centre (Copac)


12. Siyakhanyisa HIV/AIDS Support Group


13. Equal Education Law Centre


14. South African Youth Business Forum


15. Ficksburg Community Advice Office


16. Southern African Faith Communities’ Environment Institute (Safcei)


17. Firstsource Money


18. Studies in Poverty and Inequality Institute (SPII)


19. groundWork


20. The Rock of Hope


21. Institute for Economic Justice (IEJ)


22. Trade & Industrial Policies Strategies (TIPS)


23. International Labour Research and Information Group (Ilrig)


24. Trust for Community Outreach and Education (Tcoe)


25. Masithobelane Support group


26. Tshebedisano Support Network


27. National Labour and Economic Development Institute (Naledi)


28. Western Cape Forum for Intellectual Disability


29. Open Secrets


30. Women on Farms Project


31. People’s Health Movement South Africa


32. Workers World Media Productions

Individuals and academics 

1. Aasif Bulbulia


2. Adam Aboobaker


3. Alex Lenferna


4. Alfred Mafuleka


5. Aliya Chikte


6. Amaarah Garda


7. Amalia Britton


8. Andile Cele


9. Andries  Du Toit


10. Anselmo  Matusse


11. Benjamin Chisari


12. Bibi-Aisha Wadvalla


13. Bud Wells


14. Busi Sibeko


15. Christelle Terreblanche


16. Chulumanco Mihlali Nkasela


17. Colin Young


18. Courtney Morgan


19. Desiree Lewis


20. Dick Forslund


21. Dominic Brown


22. Dr Claudia Beck-Reinhardt


23. Dr Dale Mckinley


24. Dr. Sara Black


25. Ebrahim Francis


26. Ebrahim-Khalil Hassen


27. Eddie Cottle


28. Edward Wethli


29. Ephraime Mosibi


30. Fatima  Vally


31. Fatima Moosa


32. Fowzia Battle


33. Frank Matose


34. Funzani Mtembu


35. George  Mudimu


36. Gilad Isaacs


37. Gumani Tshimomola


38. Guy Patrice Dkamela


39. Heather Geswent


40. Hector Casta​ñón


41. Ihsaan Bassier


42. Jackson Matlala


43. Janneke  Weidema


44. Jason Bell


45. Jay Kruuse


46. Jeff Rudin


47. Jens Horber


48. Jerome Aaron


49. Jesse Harber


50. Johan Barnard


51. John Reynolds


52. Johnstorom


53. Josh Rosenberg


54. Josh Rosenberg


55. Joshua Budlender


56. Judy Favish


57. Julia Eccles


58. Julian Hare


59. Kamini Naidoo


60. Karabo Monatisi


61. Katharine Hall


62. Kirsten Pearson


63. Lesley Green


64. Lumkile Mondi


65. Lungisa Ngapi


66. Matthew Kensett


67. Michael Koetaan


68. Michael Smith


69. Michelle Groenewald


70. Mila Harding


71. Mohammed Abrahams


72. Mongi Henda


73. Monique Van Vuuren


74. Mthobisi Ndwandwe


75. Mukondeleli Ramabulana


76. Neil Coleman


77. Nimi Hoffmann


78. Nkanyiso  Gumede


79. Nombulelo Nyezi


80. Patrick Bond


81. Paula Cardoso


82. Phelisa Nkomo


83. Rachel Adams


84. Rasigan Maharajh


85. Rekang Jankie


86. Renee Louw


87. Richard Pule


88. Sacha Knox


89. Salim Vally


90. Sam  Ashman


91. Samantha Waterhouse


92. Shabashni Moodley


93. Shaeera  Kalla


94. Shakira Qwabe


95. Simone Cupido


96. Siphesihle Makamu


97. Siphiwe Kubheka


98. Sonia Phalatse


99. Suzanne Hotz


100. Tatenda  Zingoni


101. Teboho  Tshepe


102. Tess  Peacock


103. Theolyn Simons


104. Tlamelo Mothudi


105. Trizah Khanye


106. Tshiamo Malatji


107. Valentina Montanaro


108. Vanessa Farr


109. Veli Mnisi


110. Virginia Mackenny


111. Vishnu Padayachee


112. Vishwas Satgar


113. Wafaa Abdurahman


114. Wendy Dube


115. William Shoki


116. Yolo Mambi


117. Zama Mthunzi


118. Zimisele  Nanto


119. Zolile Prusente