Hashtag Nonprofit Contributors

Ricardo Wyngaard

The NPO Lawyer | Ricardo Wyngaard Attorneys

Ricardo Wyngaard is passionate about the non-profit sector and has been focusing on non-profit law since 1999. He is a lawyer by profession who has obtained his LLB degree at the University of the Western Cape in South Africa and his LLM degree at the University of Illinois in the USA. He has authored a number of articles and booklets on non-profit law and governance.

Articles

Notifying the Information Regulator

Nonprofit Law
The Protection of Personal Information Act (POPIA) imposes important obligations on Organisations in the event of a data breach involving personal information of a data subject.Section 22 of POPIA (which should be easy to remember in 2022) compels Organisations to notify the Information Regulator if the Organisation has reasonable grounds to be believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.Notifying the Information RegulatorPO...

Is consent always required under POPIA?

Nonprofit Law
Consent is a central feature when processing personal information in terms of the Protection of Personal Information Act (POPIA). It is however not an absolute requirement to process such information. POPIA defines consent as ‘any voluntary, specific and informed expression of will in terms of which permission isgiven for the processing of personal information’. Consent also comes up under section 11 of POPIA which deals with Condition 2. This section is entitled: Consent, justification and ...

Indemnity forms and NPOs

Nonprofit Law
Many NPOs make use of indemnity forms with the aim of reducing the potential for liability. This article explores the value of indemnity forms. Generally, it is possible for parties to contract out of liability. The signing of an indemnity form is common practice, but on its own may have limited (or no) value. Put differently, a signed indemnity form does not guarantee that a claim for damages cannot be successful against an organisation. The following aspects should, amongst other, be consi...

[Watch] Should the Executive Director have a vote on the Board?

Nonprofit Law
Should the Executive Director have a vote on the Governing Board? In this video we discuss some issues to consider.

[Watch] Can we do Commission based Fundraising?

Nonprofit Law
This video deals with two provisions in the Income Tax Act, which are relevant to commission-based fundraising.

[Watch] Volunteers and the law - what to know

Human Resources
This video deals with the legal implications of having volunteers.

Regulations relevant to NPOs

Nonprofit Law
The following two sets of Regulations have important implications for NPOs. Regulations relating to the Protection of Personal Information The Information Regulator has, under section 112 (2) of the Protection of Personal Information Act, Act No. 4 of 2013 (the Act) made regulations (the POPI Regulations), which were published on 14 December 2018. The POPI Regulations make, amongst other, provision for the responsibilities of an 'information officer' as referred to under section 55 of the ...

Five agenda items for NPO Boards

Governance
The King IV Report on Corporate Governance for South Africa (King IV) was published on 1 November 2016 and includes a sector supplement for non-profit organisations. One implication is that the corporate governance environment in South Africa has changed. NPO boards should consider whether this development necessitates any changes to their existing governance practices. This brief article recommends five governance practices, underscored by King IV, that should be added to agenda items for NP...

NPOs & Fixed Term Contracts

Nonprofit Law
In 2016 the Labour Court (the Court)  delivered a judgment in which it held that a non- profit organisation’s dismissal of an employee on the grounds of operational requirements was procedurally and substantively fair. The Court also provided some interesting findings on fixed term contracts within that context.  Runguma v Civicus: World Alliance for Citizen Participation Inc (JS100/2012B) [2016] ZALCJHB 178 (12 May 2016) Synopsis of facts Mr Sebastian Runguma was employed at Civ...

Laws related to NPOs and volunteers working with children

Human Resources
Many organisations in South Africa are focused on providing care to children. The provisions of the Children’s Act of 2005 are of significant importance when making use of the services of volunteers in caring for children. Section 9 of the Children’s Act provides that; “In all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.” The child’s interest is therefore of paramount importance. Sec...

POPIA and fundraising

Nonprofit Law
The word ‘donation’ is contained once within the Protection of Personal Information Act (POPIA). This will likely change the fundraising game for NPOs in South Africa. Section 1 of POPIA defines ‘direct marketing’ and provides that it means, amongst other, to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of requesting the data subject to make a donation of any kind for any reason. Effectively, the solicitation of donatio...

'A disturbing picture'

Nonprofit Law
The Minister of Social Development, Ms Lindiwe Zulu, has on 03 November 2020 launched the Know Your NPO Status Campaign, which outlined ‘the process of deregistration of noncompliant NPOs’. The Department of Social Development (the Department) stated that: “As of September 2020, 233 180 NPOs were registered with the Department and only 30% of the registered NPOs were compliant.” This, according to the Department is: ‘a disturbing picture'. Large-scale non-compliance of the NPO Act has e...

Governing through a crisis

Governance
The International Federation of Red Cross and Red Crescent Societies (IFRC), in their Strategy 2020 document, states that: “A disaster or crisis may arise as a sudden emergency or it may be slow onset. In either case, it is our basic obligation to be well prepared to use all effective means to help, according to the different needs of men, women and children – wherever and whenever this is needed.”Boards should lead the way in equipping well-prepared organisations to navigate crises. The avia...


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