GOVERNANCE
The Khoapa Land and Community Trust (KLCT) is governed by existing Trust Regulatory Framework Acts and all applicable Statutory Acts and Protocols namely;
- The South African Constitution of 1996
- The South African Trusts Act
- The Trust Property Control Act, 1988 (Act No.57 of 1988)
Other applicable regulatory framework include the Eighth Schedule to the Income Tax Act 58 of 1962.
Lastly, the Trust also observes all applicable NPO Regulations and Statutory or Legislative Acts as presented below:
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........Other legal framework and policy documents (include), the Reconstruction and Development Programme (RDP) and the recent Macro Social Environmental Analysis Report that led to government’s Accelerated Share Growth Initiative (ASGISA) strategy for the country.
The secondary institutional framework for KLCT is the Nonprofit Organisations Act (No. 71 of 1997) that “mandates the Department of Social Development (DSD) to contribute towards an enabling environment within which nonprofit organisations (NPOs) can flourish. One of the objects of the Act is to encourage NPOs to maintain adequate standards of governance, transparency and accountability, as well as improve those standards.”
The NPO Act in its inception was to “complement self-regulatory efforts within the non-profit sector. Accountability and good governance practices are therefore indispensable within a regulatory framework. ”(Source: Dept. Social Development-Directorate: Non-profit Business Plan 2007-09)
The NPO Act serves as an entry point for organisations to derive benefits from the enabling environment as it provides a registration facility for all public nonprofit entities. These benefits include, but not limited to, the tax exemption provisions as enlisted in the Taxation Amendments Law Act 9 of 2006 and exemption to pay skills levies as stipulated in the Skills Development Levies Act 9 of 1999. Furthermore, the National Development Agencies (NDA) Act and the Lotteries Act have been enacted to establish government institutions for funding NPOs. These principles form a catalyst for civil society organisations to conduct the following:
· Enable organisations to establish themselves as legal structures.
· Regulate the way in which such legal structures operate - (this includes the registration of a legal entity with a government registration authority).
· Provide tax and other incentives for the sector to financial sustainability.
The secondary institutional framework for KLCT is the Nonprofit Organisations Act (No. 71 of 1997) that “mandates the Department of Social Development (DSD) to contribute towards an enabling environment within which nonprofit organisations (NPOs) can flourish. One of the objects of the Act is to encourage NPOs to maintain adequate standards of governance, transparency and accountability, as well as improve those standards.”
The NPO Act in its inception was to “complement self-regulatory efforts within the non-profit sector. Accountability and good governance practices are therefore indispensable within a regulatory framework. ”(Source: Dept. Social Development-Directorate: Non-profit Business Plan 2007-09)
The NPO Act serves as an entry point for organisations to derive benefits from the enabling environment as it provides a registration facility for all public nonprofit entities. These benefits include, but not limited to, the tax exemption provisions as enlisted in the Taxation Amendments Law Act 9 of 2006 and exemption to pay skills levies as stipulated in the Skills Development Levies Act 9 of 1999. Furthermore, the National Development Agencies (NDA) Act and the Lotteries Act have been enacted to establish government institutions for funding NPOs. These principles form a catalyst for civil society organisations to conduct the following:
· Enable organisations to establish themselves as legal structures.
· Regulate the way in which such legal structures operate - (this includes the registration of a legal entity with a government registration authority).
· Provide tax and other incentives for the sector to financial sustainability.