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Non-Governmental Organisations Bill, 2004
July 2004

PART II

NON-GOVERNMENTAL ORGANISATIONS COUNCIL AND REGISTRA OF NON-GOVERNMENTAL ORGANISATIONS

3. Non-governmental Organisations Council
4. Functions of the Council
5. Funds of Council
6. Financial year of Council
7. Accounts and audit of Accounts of Council funds
8. Registrar of Non-governmental Organisations

3 Non-Governmental Organisations Council

(1) There is hereby established a council to be known as the Non-governmental Organisations Council which shall exercise the functions conferred upon it by this Act.
(2) Subject to this section, the council shall consist of-

(a) five representatives from non-governmental organisations or associations which the Minister considers are representative of non-governmental organisations; and
(b) one representative who shall not be under the level of Under Secretary from each of the following Ministries-

(i) the Ministry for which the Minister is responsible;
(ii) the Ministry responsible for health;
(iii) the Ministry responsible for justice;
(iv) the Ministry responsible for finance
(v) the Ministry responsible for youth and gender affairs;
(vi) the Ministry responsible for foreign affairs;
(vii) the Ministry responsible for local government;
(viii) the Ministry responsible for information and publicity;
(ix) Office of the President and Cabinet; and

(c) the Registrar, ex officio.

(3) Members of the Council referred to in paragraphs (a) and (b) of subsection (2) shall be appointed by the Minister from among persons nominated for that purpose by the appropriate organisation, association or Ministry.
(4) Before making an appointment in terms of subsection (3), the Minister shall call upon the organisation, association or Ministry concerned to nominate such number of persons as the Minister may specify who, in his or her opinion, are suitable and available for appointment as members of the Council:
Provided that the Minister may—

(i) appoint a person to be a member of the Council who has not been so nominated and may decline to appoint any person so nominated;
(ii) where he or she has called for nominations in terms of this subsection in respect of any appointment to the Council and no nominations have been made in respect of such appointment within such period as he may determine when calling for such nominations, appoint any person to be a member of the Council whether or not, in his opinion, the person so appointed is able to represent the views of the body whose nominations were called for.

(5) Members of the Council shall be appointed by the Minister for such period, not exceeding three years, as he or she may specify on their appointment.
(6) The Minister shall designate one of the members to be the chairperson of the Council.

4 Functions of the Council

(1) The functions of the Council shall be—

(a) subject to this Act, to consider and determine every application for registration and every proposed cancellation or amendment of a certificate of registration; and
(b) to conduct investigations into the administration and activities of non-governmental organisations in terms of section twenty-three and, following such investigations, to hear representations from the organisations and to take such disciplinary or other action as may be appropriate in accordance with that section;
(c) to advise the Minister and registered non-governmental organisations in respect of any matter arising out of the administration or operation of this Act or any other matter referred to it by the Minister or the Registrar,
(d) To promote and encourage the co-ordination of the activities of registered non-governmental organisations having similar or related objects;
(e) To formulate rules for the registration or deregistration of non-governmental organisations;
(f) To formulate a code of conduct for non-governmental organisations; and
(g) To submit to the Minister an annual report concerning the administration and operation of this Act.

(2) The Schedule shall apply to the terms of office, vacation of office, suspension and dismissal of members of the Council, and the procedure to be followed at Council meetings.

5 Funds of Council

(1) The funds of the Council shall consist of —

(a) any moneys that may be payable to the Council from moneys appropriated for the purpose by Act of Parliament; and
(b) any loans, donations and grants made to the Council with the approval of the Minister by any person or by any government of any country; and
(c) any fees or charges in respect of any services rendered by the Council in terms of this Act; and
(d) any other moneys that may accrue to the Council, whether in the course of its operations or otherwise.

(2) Moneys not immediately required by the Council may be invested in such manner as the Minister may approve on the recommendation of the Council.

6 Financial year of Council

The financial year of the Council shall be a period of 12 months ending on the 31st December in each year.

7 Accounts and audit of accounts of Council funds

(1) The Council shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Council’s activities, funds and property, including such particular accounts and records as the Minister may direct.
(2) As soon as possible after the end of each financial year, the Council shall prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other period as the Minister may direct.
(3) The accounts of the Council shall be audited at least once a year by an auditor who is registered as a public auditor in terms of the Public Accountants and Auditors Act [Chapter 27:12]

8 Registrar of non-governmental organisations

(1) There shall be a Registrar of non-governmental organisations who shall be the person for the time being holding the office of Director of Social Welfare in the Ministry responsible for social welfare or any other person performing that function.
(2) Subject to this Act, the Registrar shall maintain at his her office a Register of non-governmental organisations in which he or she shall enter all such particulars in relation to the registration of non-governmental organisations and their constitutions as he or she is required to enter by or in terms of this Act or any decision or order of a court.
(3) The Register shall be open to inspection during office hours by any member of the public on payment of the prescribed fee, if any.

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