Volunteer Waiver South Africa: NPO Liability, OHS Act, and POPIA

Organisations that use volunteers — whether registered non-profit organisations (NPOs), non-profit companies (NPCs), public benefit organisations (PBOs), schools, sports clubs, or event organisers — need to manage both the legal relationship with volunteers and the organisation's liability exposure when volunteers are injured or cause harm. In South Africa, this involves the Occupational Health and Safety Act, common law, COIDA, and POPIA.

What Does a Volunteer Waiver Actually Do?

A volunteer waiver (also called an indemnity or liability release) is a contract in which a volunteer agrees to:

• Acknowledge the risks of the volunteer activity
• Release the organisation from liability for injuries arising from those risks
• Confirm they are participating voluntarily and with informed consent

In South Africa, such agreements are governed by common law and the law of contract. They are enforceable within limits — but they are not a blanket shield. Understanding what they can and cannot achieve is essential before relying on one.

What a Waiver Cannot Do

South African courts will not enforce an indemnity clause that purports to exclude liability for:

• Gross negligence — a complete disregard for the safety of others
• Intentional harm — deliberate injury or damage
• Statutory duties — the OHS Act imposes non-delegable duties on employers/principal contractors that cannot be contracted away

This means if a volunteer is injured because your organisation failed to maintain basic safety standards required by law, a waiver will not protect you from a claim based on negligence under the Aquilian action.

The OHS Act and Volunteers

The Occupational Health and Safety Act 85 of 1993 applies to "employers" and "employees." Volunteers are typically not employees, but:

• If volunteers perform work on your premises or under your direction, the courts may treat you as having duties similar to those owed to employees on site
• The OHS Act's general duty to provide a safe working environment extends to anyone working at your premises
• You must identify and mitigate risks at the site where volunteers work and document this in your risk assessment
• For higher-risk volunteering (construction, outdoor activities, child protection work), appoint a designated safety officer and conduct a formal risk assessment

Failure to meet OHS Act standards removes the protection a waiver might otherwise provide.

COIDA and Volunteer Coverage

The Compensation for Occupational Injuries and Diseases Act (COIDA) compensates workers injured in the course of their employment. Volunteers are not covered by COIDA because they are not employees. This means:

• A volunteer injured while working for your organisation cannot claim from the Compensation Fund
• The organisation has no COIDA insurance to call on if a volunteer is injured
• Volunteers must rely on their own medical aid or personal accident insurance, or make a delictual claim against the organisation

To address this gap, some NPOs and event organisers take out voluntary workers' compensation insurance or personal accident cover for volunteers. This should be disclosed in the waiver so volunteers understand their coverage position.

Children's Act: Volunteers Working with Minors

If volunteers will interact with children, the Children's Act 38 of 2005 imposes additional obligations:

• All volunteers who will have unsupervised access to children must complete a screening process. The organisation must check the National Child Protection Register (NCPR) to confirm the volunteer is not listed as a prohibited person
• This applies to school volunteer programmes, after-school tutoring, sports coaching, and social development work with children
• Failure to screen volunteers against the NCPR exposes the organisation to liability if a screened volunteer harms a child

The waiver should acknowledge the volunteer's obligation to submit to the required screening.

POPIA: Collecting Volunteer Personal Information

When you collect personal information from volunteers (names, contact details, ID numbers, medical information for risk assessment purposes), you are processing personal information under POPIA. Your waiver or volunteer registration form must:

• Disclose what personal information you are collecting
• State the purpose (volunteer management, emergency contact, screening)
• Identify whether it will be shared with third parties (e.g., a screening service provider)
• Include the contact details of your Information Officer
• Acknowledge the volunteer's right to access and correct their information

What a SA Volunteer Agreement Should Include

1. Activity Description and Risk Acknowledgement

Describe the volunteer activities specifically (general and vague descriptions reduce enforceability). List identifiable risks — physical exertion, working with power tools, working with vulnerable populations, outdoor environments. The volunteer's acknowledgement of these specific risks strengthens the waiver.

2. Health and Medical Disclosure

Require volunteers to disclose relevant medical conditions that may affect their ability to participate safely. Note that collecting health information is processing special personal information under POPIA and requires express consent.

3. Emergency Contact and Medical Treatment Authorisation

Include authority for the organisation to seek emergency medical treatment on the volunteer's behalf and emergency contact details.

4. Code of Conduct

Define expected behaviour, confidentiality obligations (especially for volunteers working with vulnerable persons or accessing sensitive organisational information), and consequences for breaches.

5. POPIA Consent

Include a POPIA processing notice (or reference to a separate privacy policy) and the volunteer's consent to processing their personal information for the stated purposes.

6. Photographic Consent

If you photograph or film volunteers for marketing or documentary purposes, include a separate image consent clause (see our photo consent guide).

7. Children's Act Compliance Clause

If applicable, include the volunteer's consent to the NCPR screening and confirmation that they have no pending criminal matters involving children.

Minors as Volunteers

Volunteers under 18 cannot legally enter into contracts. Any waiver signed by a minor is voidable. Parental or guardian consent is required. Obtain:

• Written consent from both the minor volunteer and their parent/guardian
• The parent/guardian's acknowledgement of the risks on behalf of the minor

Related Guidance

• Explore related guides: Blog hub
• Use our free tools: Free Tools

Official References

• NPO Act 71 of 1997 - www.gov.za
• Occupational Health and Safety Act 85 of 1993 - www.gov.za
• Children's Act 38 of 2005 - www.gov.za
• Information Regulator SA - www.inforegulator.org.za

Last Reviewed

Last reviewed: 2026-03-03. This article is informational only - verify requirements with official sources before acting.