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Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)

Chapter 1 Interpretation and Objects of Act

1. Definitions

 

 

1) In this Act unless the context indicates otherwise--

 

“accounting officer”

 

means, in relation to a non-profit organisation, a person contemplated in section 60 of the Close Corporations Act, 1984 (Act No. 69 of 1984);

 

“Arbitration Tribunal”

 

means an Arbitration Tribunal contemplated in section 9;

 

“banking account”

 

means an account with a bank registered in terms of the Banks Act, 1990 (Act No. 94 of 1990), or with a mutual bank registered in terms of the Mutual Banks Act, 1993 (Act No. 124 of 1993);

 

“constitution”

 

includes a trust deed and memorandum and articles of association;

 

“director”

means the person designated in terms of section 8;

 

“Directorate”

 

means the body established in terms of section 4;

 

“financial year”

 

in relation to the Directorate, means a period which commences on 1 April and ends on 31 March in the following year;

 

“Minister”

 

means the Minister for Welfare and Population Development;

 

“national department”

 

means the national department responsible for welfare;

 

“non-profit organisation”

 

means a trust, company or other association of persons--

a) established for a public purpose; and
b) the income and property of which are not distributable to its members or office-bearers except as reasonable compensation for services rendered;

 

“office-bearer”

 

means a director, trustee or person holding an executive position;

 

“prescribe”

 

means prescribe by regulation and “prescribed” has a corresponding meaning;

 

“register”

 

means the register contemplated in section 24;

 

“registered non-profit organisation”

 

means a non-profit organisation registered in terms of section 13;

 

“this Act”

 

includes the regulations made under this Act.

 

 

2) Any person interpreting and applying this Act must--
a) give a liberal construction to its provisions, in a manner that--
i) is consistent with the objects of this Act set out in section 2; and
ii) accounts for the particular purpose, role and circumstances of a particular non-profit organisation;
b) with respect to any particular non-profit organisation, apply the provisions of sections 16(1) and 17(3) only to the extent that they do not conflict with any other law governing that non-profit organisation.