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The following organisations provide help with NPO registration, and the legal and tax issues that affect registered NPOs. These organisations are run on a non-profit basis themselves, and do not charge for their advisory services.  

The Legal Resources Centre

There are also branches in Pretoria (012 323 7673), Cape Town (021 481 3000), Durban (031 301 7572) and Grahamstown (046 622 9230)

The Legal Resources Centre (LRC) operates a NPO project providing advice and information to the non-profit sector. The project provides help in choosing and setting up the most suitable type of legal organisation, and obtaining NPO registration. The project also conducts workshops in all nine provinces on non-profit law and practice. The aim of this project is to help promote good governance and accountability in the NPO sector, and better co-operation with the government.

The LRC seeks to improve the laws affecting NPOs. For instance the Promotion of Access to Information Act (the PROATIA) requires all private bodies, including all NPOs, to compile a manual and have it published in the Government Gazette. This is costly and requires legal skills, which can be a burden for the smaller NPOs. The LRC is trying to have these requirements changed to make them less burdensome.

The LRC has developed the following information booklets, which are available on request or can be downloaded directly from their website www.lrc.org.za (go to Projects, then NPO Support Project, then NPO Publications).

• Guide to the Non-Profit Organisations (NPO) Act
• Legal Structures commonly used by Non-Profit Organisations
• Reference Guide for Non-Profit Organisations

(February 2003)

• Legal Obligations of Members of Non-Profit Organisation (NPO) Governing Bodies (October 2001)
• Legal Obligations of Non-Profit Organisations as Employers

(December 2002)  

• Good Governance
• Legal Obligations of NPO Boards
• New Tax Law pre-publication

(Updated October 2002)

• Public Funding
• NDA & Lotteries Book

For further information regarding any of the services on offer contact the LRC directly via phone, fax or email, or visit their website. 

The Non-Profit Consortium

The Non-Profit Consortium (NPC) specialises exclusively in non-profit law and exists to strengthen NPOs by helping them to increase their effectiveness and capacity. It provides training workshops around the country, conducts research, promotes legal reform and provides a support network for NPOs. NPC also has a newsletter organisations can subscribe to on-line. The newsletter details all the forthcoming programmes and activities, and covers changes and developments in the NPO sector.

For further help regarding anything to do with NPO registration, the NPO Act, tax laws or NDA and National Lotteries funding, contact the NPC directly by phone, fax or email, or visit their website. While this organisation does not charge for its advisory services it charges a small fee for some of its workshops.

Additional Legislation Affecting Certain Types of NPOs

Child Care Act, 1984
Any organisation that supplies any form of service to children (0-18 years) must obtain additional registration in terms of the Child Care Act. This applies to:

• Children’s homes
• Shelters or drop-in centres for children
• Early childhood development centres or crèches
• After-school centres

Aged Persons’ Act, 1967
Any organisation managing a home for older persons must apply for additional registration in terms of the Aged Persons’ Act.

The local district office of the Department of Social Development/Services will assist organisations through these additional registration procedures.

Health Clearance Certificate
All organisations managing any sort of public facility, including residential and non-residential facilities, have to obtain a health clearance certificate from the local authority before services may be offered at the venue. The local Environmental Health Officer will assist organisations in complying with the regulations and obtaining a clearance certificate.