Legal Considerations

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...

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

Top 5 tax myths for non-profits

Ziyo | Accountants with heart
19 July 2021

Top tips for preparing proposal budgets

Ziyo | Accountants with heart
19 July 2021

How to host a webinar like a pro

Inyathelo: The South African Institute for Advancement
14 September 2021

Guiding questions for social media policies and procedures

Ruen Govinder | Hashtag Nonprofit
19 July 2021

Quick tips on writing for the web

Ruen Govinder | Hashtag Nonprofit
20 August 2021


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