“association not for gain” means-
(a) any religious institution of a public character; or
(b) any other society, association or organization, whether incorporated or not (other than an educational institution in respect of which the provisions of paragraph (c) apply), which-
(i) is carried on otherwise than for the purposes of profit or gain to any proprietor, member or shareholder; and
(ii) is, in terms of its memorandum, articles of association, written rules or other document constituting or governing the activities of that society, association or organization-
(aa) required to utilize any property or income solely in the furtherance of its aims and objects; and
(bb) prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever so as to profit any person other than by way of the payment in good faith of reasonable remuneration to any officer or employee of the society, association or organization for any services actually rendered to such society, association or organization; and
(cc) upon the winding-up or liquidation of such society, association or organization, obliged to give or transfer its assets remaining after the satisfaction of its liabilities to some other society, association or organization with objects similar to those of the said society, association or organization; or
[Paragraph (b) substituted by section 23 of Act 27 of 1997]
(c) any educational institution of a public character, whether incorporated or not, which-
(i) is carried on otherwise than for the purposes of profit or gain to any proprietor, member or shareholder; and
(ii) is, in terms of its memorandum, articles of association, written rules or other document constituting or governing the activities of that educational institution-
(aa) required to utilize any property or income solely in the furtherance of its aims and objects; and
(bb) prohibited from transferring any portion thereof directly or indirectly in any manner whatsoever so as to profit any person other than by way of the payment in good faith of reasonable remuneration to any officer or employee of the educational institution for any services actually rendered to such institution;
[Paragraph (c) added by section 23 of Act 27 of 1997]