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