Title 22 — Foreign Relations and IntercourseRelease 119-90

§5 United States Assistance for the Transition to a Nonracial Democracy.

Title 22 › Chapter 60— ANTI-APARTHEID PROGRAM › § 5

Last updated May 14, 2026|Official source

Summary

The President can give U.S. help to support South Africa’s move to a nonracial democracy. The aid must help people hurt by apartheid get the skills and chances they need to take part in politics, society, and the economy. It should work mainly through South African nonprofits led by majority-population leaders trusted by the disadvantaged. Education help should strengthen local schools and programs, favor scholarships inside South Africa for disadvantaged students, and pay for nontraditional training. The aid can also help with election preparation, stopping violence, and promoting human rights, democracy, and civil society. Normally this aid cannot go to the South African government or its closely controlled organizations unless the President tells Congress that an interim government chosen by free and fair nonracial elections is in office. Exceptions allow help to the Transitional Executive Council, to South African higher education institutions (especially those harmed by apartheid), or to other groups the President finds will aid the transition. Groups that have used armed struggle or that oppose democracy or free enterprise can get aid only if they stop violence and are actively and positively working toward nonracial democracy and U.S. goals.

Full Legal Text

Title 22, §5

Foreign Relations and Intercourse — Source: USLM XML via OLRC

“(a)The President is authorized and encouraged to provide assistance under chapter 10 of part I of the Foreign Assistance Act of 1961 [22 U.S.C. 2293 et seq.] (relating to the Development Fund for Africa) or chapter 4 of part II of that Act [22 U.S.C. 2346 et seq.] (relating to the Economic Support Fund) to support the transition to nonracial democracy in South Africa. Such assistance shall—

“(1)focus on building the capacity of disadvantaged South Africans to take their rightful place in the political, social, and economic systems of their country;

“(2)give priority to working with and through South African nongovernmental organizations whose leadership and staff represent the majority population and which have the support of the disadvantaged communities being served by such organizations;

“(3)in the case of education programs—

“(A)be used to increase the capacity of South African institutions to better serve the needs of individuals disadvantaged by apartheid;

“(B)emphasize education within South Africa to the extent that assistance takes the form of scholarships for disadvantaged South African students; and

“(C)fund nontraditional training activities;

“(4)support activities to prepare South Africa for elections, including voter and civic education programs, political party building, and technical electoral assistance;

“(5)support activities and entities, such as the Peace Accord structures, which are working to end the violence in South Africa; and

“(6)support activities to promote human rights, democratization, and a civil society.

“(b)“(1)Except as provided in paragraph (2), assistance provided in accordance with this section may not be made available to the Government of South Africa, or organizations financed and substantially controlled by that government, unless the President certifies to the Congress that an interim government that was elected on a nonracial basis through free and fair elections has taken office in South Africa.

“(2)Notwithstanding paragraph (1), assistance may be provided for—

“(A)the Transitional Executive Council;

“(B)South African higher education institutions, particularly those traditionally disadvantaged by apartheid policies; and

“(C)any other organization, entity, or activity if the President determines that the assistance would promote the transition to nonracial democracy in South Africa.

“(c)“(1)An organization that has engaged in armed struggle or other acts of violence shall not be eligible for assistance provided in accordance with this section unless that organization is committed to a suspension of violence in the context of progress toward nonracial democracy.

“(2)Assistance provided in accordance with this section may not be made available to any organization that has espoused views inconsistent with democracy and free enterprise unless such organization is engaged actively and positively in the process of transition to a nonracial democracy and such assistance would advance the United States objective of promoting democracy and free enterprise in South Africa.

Reference

Citations & Metadata

Citation

22 U.S.C. § 5

Title 22 — Foreign Relations and Intercourse

Last Updated

May 14, 2026

Release point: 119-90