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Non-Governmental Organisations Bill, 2004
July 2004

PART I

PRELIMINARY

1. Short title
2. Application

1 Short title

This Act may be cited as the Non-Governmental Organisations Act 2004

2 Interpretation

In this Act –

“contributions” means movable or immovable property, including money or anything that can be exchanged for or converted into money, which is acquired or received as a gift or donation or otherwise and which is not transferred in fulfillment of a legally enforceable obligation;

“council” means the Non-governmental Organisations Council established by section three;

“contributor”, in relation to the collection of contributions, means any person from whom contributions are collected;

“director”, in relation to a non-governmental organisation, means the individual person for the time being responsible for the affairs of such organization;

“foreign funding or donation” means any funding provided or donation made by—

(a) a person who is not a permanent resident or citizen of Zimbabwe domiciled in Zimbabwe; or
(b) a company which is not incorporated in Zimbabwe or, if so incorporated, does not carry on business in Zimbabwe; or
(c) any association of persons, whether incorporated or unincorporated, that does not consist exclusively of permanent residents or citizens of Zimbabwe.

“foreign non-governmental organisation” means any association of persons, whether incorporated or unincorporated, that does not consist exclusively of permanent residents or citizens of Zimbabwe who are domiciled in Zimbabwe;

“issues of governance” includes promotion and protection of human rights and political governance issues;

“local authority” includes such authority as may be prescribed;

“local non-governmental organisation” means any association of persons, whether incorporated or unincorporated, that consists exclusively of permanent residents or citizens of Zimbabwe who are domiciled in Zimbabwe;.

“Minister” means the Minister of Public Service, Labour and Social Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“non-governmental organisation” means any foreign or local body or association of persons, corporate or unincorporated, or any institution, the objects of which include or are one or more of the following—

(a) the provision of all or any of the material, mental, physical or social needs of persons or families;
(b) the rendering of charity to persons or families in distress;
(c) the prevention of social distress or destitution of persons or families;
(d) the provision of assistance in, or promotion of, activities aimed at uplifting the standard of living of persons or families;
(e) the provision of funds for legal aid;
(f) the prevention of cruelty to, or the promotion of the welfare of, animals;
(g) the promotion and protection of human rights and good governance;
(h) the promotion and protection of environmental rights and interests and sustainable development;
(i) such other objects as may be prescribed;
(j) the collection of contributions for any of the foregoing;
but does not include:-

(i) any international organisation or institution whose privileges, immunities rights and obligations in Zimbabwe are governed by the Privileges and Immunities Act [Chapter 3:03];
(ii) any governmental or quasi-governmental organisation or institution whose legal status is that of an instrumentality or arm of any foreign government; or
(iii) any institution or service maintained and controlled by the State or a local authority; or
(iv) any religious body in respect of activities confined to religious work; or
(v) any educational trust approved by the Minister; or
(vi) any body or association of persons, corporate or unincorporated, the benefits from which are exclusively for its own members; or
(vii) any health institution registered under the Health Professions Act [Chapter 27:19], in respect of activities for which it is required to be registered under that Act; or
(viii) any body or association in respect of activities carried on for the benefit of a hospital or nursing home which is approved by the Minister; or
(ix) any political organisation in respect of work confined to political activities; or
(x) the Zimbabwe Red Cross Society established by the Zimbabwe Red Cross Society Act [Chapter 17:08]; or
(xi) Such other bodies, associations or institutions as may be prescribed;

“register” means register referred to in section eight;

“Registrar” means the Registrar of Non-Governmental Organisations referred to in section eight;

“repealed Act” means the Private Voluntary Organisations Act [Chapter 17:05].

Where contributions are collected from the public in respect of a body or association referred to in subparagraph (vi) or (viii) of the definition of “non-governmental organisation” in subsection (1), whether or not such body or association is formed under any enactment, the provisions of this Act, in so far as they are not inconsistent with any other enactment applicable to such body or association, shall apply to such body or association.

This Act shall apply to every non-governmental organisation as defined in subsection (1) whether or not its legal status within Zimbabwe is subject to any agreement with the State and whether or not its constituent deed or instrument is registered with the High Court or the Deeds Office

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