Ricardo Wyngaard
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.
Notifying the Information Regulator
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) compe...
Is consent always required under POPIA?
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, speci...
Indemnity forms and NPOs
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 i...
[Watch] Should the Executive Director have a vote on the Board?
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?
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
This video deals with the legal implications of having volunteers.
Regulations relevant to NPOs
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...
Five agenda items for NPO Boards
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 ...
NPOs & Fixed Term Contracts
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...
Laws related to NPOs and volunteers working with children
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 Childre...
POPIA and fundraising
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, amon...
'A disturbing picture'
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) sta...
Governing through a crisis
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...