BirdLife South Africa Trust

(formerly KwaZulu-Natal Ornithological Trust)

The KwaZulu Natal Ornithological Trust was registered on 7 June 1994. It was created by the Natal and Natal Midlands Bird Clubs to house bequests, donations and surplus funds that the clubs received from time to time.

It was also realised by the committee of the two clubs at the time that there was an ongoing need in KwaZulu-Natal to provide bursaries for students studying ornithology at the Universities of Natal and Durban-Westville, and for research and other projects of a conservation nature. We recognised also that we must provide material for education in schools to improve the general awareness of the environment.

National versus Regional Trust

At a meeting of Trustees in March 1998, the Trustees decided that the Trust should be converted to a National Trust since it would always have limited appeal and scope as a Regional Trust. It had only attracted R58 500.00 in donations since its inception, and its growth would be limited.

The Trust was offered to BirdLife South Africa, and was accepted at a meeting of the BirdLife South Africa Council in July 1998. The name of the Trust was changed to the BirdLife South Africa Trust, with the two Natal clubs ratified the change in status of the Trust at meetings of their committees in August and September 1998, respectively.

The two Natal clubs stipulated, as a condition of the change that any income arising out of funds introduced from KwaZulu-Natal would be applied to projects within this Province. This condition was attached to the funds introduced by the Trustees of the Estate of the late Lady Usher in any case.

Trustees

The Trustees of the Trust are as follows:

• Mr B.E.S. Agar (Chairman)
• Mr M.D. Anderson (ex officio representing BirdLife South Africa)
• Mr C.R. Botha
• Mr T.G. Wood
• Dr Z. Bernitz

The choice of Trustees has been based to date on a mix of their involvement within the structure of the two founder clubs in KwaZulu-Natal and BirdLife South Africa, business and the legal profession, and professional ornithologists. Consideration is also given to representation from the regions of South Africa.

The Trust

The Trust will operate under the umbrella of the Council of BirdLife South Africa. It will submit reports to the Council. It will, however, act in terms of its Deed of Trust which has been approved by the South African Revenue Services and registered with the Master of the High Court.

Concessions have been granted by the Commissioner of South African Revenue Services as follows:

• Confirmation has been obtained from SARS of tax exemption for the BirdLife South Africa Trust and confirmation of registration as a Public Benefit Organisation (PBO) in terms of Section 30 of the Income Tax Act, and the receipts and accruals are exempt from income tax in terms of Section 10(1)(cN) of the Act.
• Donations by or to the Trust are exempt from Donations Tax under Section 56 (1) (h) of the aforementioned Income Tax Act (in the hands of the Trust).
• Bequests from deceased estates are exempted from Estate Duty under Section 4 (h) of the Estate Duty Act 45 of 1955.
• The Trust is exempt from Stamp Duty under Section 4 (I) (f) of the Stamp Duty Act, 1968, if such duty was to be paid by the Trust.

There are various other conditions imposed by the Commissioner to which the Trustees must adhere. The most important of which are as follows:

• Seventy five percent (75%) of the income must be distributed within eighteen months of receipt thereof.
• Funds should be distributed through a university or a tertiary educational establishment.

The Trust is now registered as a Public Benefit Organisation on the PBO Exemption Number 930 005 327.

The Trust promotes the training of persons in the study of birds in South Africa in formal and informal education, focusing primarily on tertiary training, job skills training or the creation of resources with a longer term goal of raising awareness of birds in indigenous languages to contribute to the conservation of birds and their habitats.

The most significant successful project to date has been the translation and publication of the Wildlife & Environment Society of South Africa book Our Birds by the late Jo Oliver into isiZulu. There have also been a significant number of bursaries and grants to students of all races.

In future, the Trust may also make funds available for bona fide bird conservation projects, and specifically for projects that contribute to the conservation of threatened birds in southern Africa.