Legal Considerations

POPIA Compliance update: Resources and options

| Nicole Copley | NGO Law | Legal Considerations
The ‘D’ day for POPIA compliance has come and gone. Some of us have it all sussed and sorted, some had good intentions but have been diverted by other dramas, and some are still wondering whether they need to engage with POPIA (for the last lot, yes you do!) The good news is that the Information Regulator’s office seems to be as stuck as its website still is, with the Information Officer registration portal still not accessible due to technical difficulties. Our suspicion is that the technic...

Regulations relevant to NPOs

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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...

“Changing” the legal structure of your NPO

| Ziyo | Accountants with heart, and Nicole Copley | Legal Considerations
It has surprised us how often staff, or governing body, members of non-profit organisations (“NPO’s”) have not been able to tell us which legal structure their organisation is established as – “we are an NPO” they insist! The Nonprofit Organisations Act defines, in section 1, an NPO as a trust, company or other association of persons established for a public purpose, the income and property of which are not distributable to its members or office bearers, except as reasonable compensation for...

POPIA and fundraising

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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'

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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

| Ricardo Wyngaard | The NPO Lawyer | Legal Considerations
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...

Other Resources

Advance Notice - Changes coming to 18A Receipts

Nicole Copley | NGO Law
12 October 2021

Quick tips on writing for the web

Ruen Govinder | Hashtag Nonprofit
20 August 2021

How to host a webinar like a pro

Inyathelo: The South African Institute for Advancement
14 September 2021

Managing your social media staff

Ruen Govinder | Hashtag Nonprofit
19 July 2021

All about audit certificates

Nicole Copley | NGO Law
13 October 2021

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