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Governance reform
We use the law as an instrument to realise human rights
Streamlining our governance structure
By Thandi Orleyn, LRC Chairman
In 2022 the LRC embarked on a governance reform process to ensure that we continue to effectively respond to today’s human rights challenges.
In 1978 the Legal Resources Trust was formed for the purpose of establishing, administering, and providing financial support to the Legal Resources Centre (LRC). The Centre itself came into being in 1979 as a voluntary association tasked with carrying out the objectives of the Trust. This dual structure was imperative at the time.
Before 1994, this meant protecting and supporting the rights of those who were oppressed by an unjust legal system and the discriminatory apartheid government of the time. After South Africa became a democracy in 1994 the role of the LRC changed.
The South African Constitution – which the founding members of the LRC were instrumental in drafting – came into effect in 1997, with a vision to “establish a society based on democratic values, social justice, and fundamental human rights”. At this time, the LRC extended its mandate to enforce the rights enshrined in the Constitution and Bill of Rights, and to focus its work on protecting and promoting the Constitution and its promise of human rights for all. The Centre’s mandate was supported by the LRT who continued to hold financial accountability and strategic direction and oversight for the Centre.
Three decades after South Africa’s constitutional democracy was born, the country remains the most unequal in the world, with poor leadership in all three tiers of government leading to an erosion of socio-economic transformation and socio-political development in the country.
In recognition of the current political and economic context, and its potential to impact the work of the LRC, we decided to strengthen its governance by collapsing its archaic dual structure into one entity, aligned with contemporary legislative frameworks and standards for non-government organisations in South Africa.
This change ensures the alignment of resources and effective processes, and encourages a culture of transparency, accountability, and ethical behaviour.
The new entity was registered as a non-profit company (NPC) with the Companies and Intellectual Property Commission (CIPC) on 01 April 2022 and is required to be compliant with the Companies Act.
The NPC underwent a one-year transition period and officially started operations on 01 April 2023.
The NPC is registered for tax exemption and has section 18A status. Through the Department of Social Development, the NPC is also registered as a public benefit organisation and holds NPO status. As such will be required to be compliant with the Non-Profit Organisations Act.
The independent Board of Directors are held accountable for the organisation. The Executive Director sits as an ex-officio director. The executive is responsible for the execution of the strategy and day-to-day running of the organisation. The executive is accountable to the Board. As per the LRC/LRT, the NPC will also be subject to the rigour of an external annual audit.
“The risks that the 1978/1979 structures addressed having dissipated post 1994 and the advanced developments in governance, financial accountability and transparency have enabled the smooth transition to this unitary structure which is more suited to the prevailing standards”
– Ms Thandi Orleyn