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Non-Governmental Organisations Bill, 2004
July 2004

PART III

REGISTRATION OF NON-GOVERNMENTAL ORGANISATIONS

9. Non-governmental organisations to be registered
10. Registration
11. Cancellation or amendment of certificate
12. Non-governmental organisations not to carry on activities except under registered name
13. Surrender of registration certificate
14. Restoration of cancelled or surrendered certificate
15. Appeals

9 Non-governmental organisations to be registered

(1) No non-governmental organisation shall—

(a) commence or continue to carry on its activities; or
(b) seek financial assistance from any source;
unless it has been registered in respect of the particular object or objects in furtherance of which it is constituted.

(2) No person shall collect contributions from the public except in terms of this Act.
(3) No person shall in any manner take part in the management or control of a non-governmental organisation, knowing that the organisation is contravening subsection (1).
(4) No foreign non-governmental organisation shall be registered if its sole or principal objects involve or include issues of governance.
(5) Any person who contravenes subsection (2) and (3) shall be guilty of an offence and liable—

(a) in the case of a contravention of subsection (2) to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment;
(b) in the case of a contravention of subsection (3), to a fine not exceeding level four or to imprisonment for a period not exceeding five months or to both such fine and such imprisonment.

10 Registration

(1) The director of any non-governmental organisation, which is required to be registered, shall lodge with the Registrar in the prescribed manner an application for such registration together with the prescribed application fee and the constitution of the organisation.
(2) Every application shall include the following information relating to the organisation—

(a) the names, nationality and addresses of its promoters;
(b) its sources of funding;
(c) its plan of action or projected activities for the next 3 years.

(3) The constitution of every non-governmental organisation shall include the following—

(a) the name of the organisation;
(b) the organisation’s objects;
(c) the powers of the organisation;
(d) the organisational structure and mechanisms for its governance
(e) the procedure for convening meetings;
(f) the terms and conditions of office bearers and the removal of such office bearers from office;
(g) the procedure for resolving disputes;
(h) the procedure for amending the constitution;
(i) the procedure for dissolving or winding up the organisation and the manner of disposal of its assets upon dissolution;
(j) disclosure provisions for all foreign donations to the organisations;
(k) any other matter which the Council may prescribe.

(4) A non-governmental organisation shall, within thirty days of lodging an application in terms of subsection (1), publish at its own expense in a national newspaper or a newspaper circulating in the area concerned a notice containing the prescribed information and shall submit proof to the Registrar that such notice has been published.
(5) Any person may within sixty days or such other period as may be prescribed, lodge with the Registrar an objection to the grant of the application, setting out the grounds on which such objection is made, and the Registrar shall submit any such objection to the Council for consideration.
(6) The Registrar may at any time before the application is determined by the Council require any non-governmental organization which has applied for registration to supply any further information in connection with its application which he may deem necessary.
(7) Where the Registrar is satisfied that the requirements referred to in subsections (1), (2), (3), (4) and (5) have been complied with, he or she shall submit the application, together with the constitution of the organisation, any objection to the grant of the application and any further information supplied in connection with the application to the Council and the Council may—

(a) after considering the application, grant it and direct the Registrar to issue to the organisation concerned a certificate of registration subject to such conditions as the Council may impose; or
(b) reject the application if it appears to the Council that the organisation is not operating bona fide in furtherance of the objects stated in its application for registration.

(8) Where the Council rejects an application for registration wholly or in part, the Registrar shall notify the applicant organisation of the rejection, and inform it of the grounds upon which the rejection was based.
(9) The registration of an organisation under this section and the objects in respect of which it has been registered shall be published by the Registrar in the Gazette.
(10) Where a registered non-governmental organisation wishes to change its name or add to or alter any of the objects in respect of which it is registered, the director thereof shall apply to the Registrar for the certificate of registration thereof to be amended accordingly; and the provisions of this section shall apply, with necessary changes, as if such application were an application for registration.
(11) Every non-governmental organisation which is registered in terms of this Act shall—

(a) pay an annual registration fee as may be prescribed; and
(b) receive an annual registration certificate.

11 Cancellation or amendment of certificate

(1) The Council may at any time cancel any certificate of registration—

(a) on the ground that the organisation has ceased to operate bona fide in furtherance of the objects for which it is registered; or
(b) if any remuneration or reward, which in the Council’s opinion is excessive in relation to the total value of contributions received by the organisation concerned, is retained or received by any person other than a person for whose benefit the contributions were intended; or
(c) if the organisation fails to comply with any condition of its registration; or
(d) if the organisation ceases to function as a non-governmental organisation; or
(e) if the Council considers that the objects in respect of which the organisation was registered are merely ancillary or incidental to the other objects of the organisation; or
(f) if the organisation fails to submit to the Registrar a report or return which it was required to submit in terms of section sixteen, and fails to rectify the default within 3 months after being requested to do so by the Registrar; or
(g) if the organisation is found guilty of maladministration in terms of section twenty-three.

(2) The Council may at any time direct the Registrar to amend a certificate of registration—

(a) for the purpose of correcting any error therein or by varying the conditions attaching thereto; or
(b) by the deletion therefrom of any of the objects in respect of which the organisation in question was registered, if in the opinion of the Council the organisation is no longer bona fide operating in furtherance of such objects.

(3) Before cancelling or amending a certificate of registration in terms of subsection (1) or (2) the Council shall cause the director of the non-governmental organisation concerned to be notified, in writing of the proposed cancellation or amendment and of the reasons for it, and shall afford the organisation a reasonable opportunity to make representations in the matter.
(4) If the director of a non-governmental organisation receives a written request from the Registrar to lodge with him for the purposes of cancellation or amendment any certificate of registration granted to such organisation and, without reasonable excuse, fails to comply therewith within ninety days of the receipt of such request, he shall be guilty of an offence and liable to a fine not exceeding level 3 or to imprisonment for a period not exceeding two months or to both such fine and such imprisonment.
(5) The cancellation of a certificate of registration under this section or the deletion therefrom of any of the objects in respect of which the organisation in question was registered, shall be published by the Registrar in the Gazette and shall take effect as from the date mentioned in such publications, whether or not the certificate has been lodged with the Registrar in compliance with a request made under subsection(4).

12 Non-governmental organisations not to carry on activities except under registered name

(1) No registered non-governmental organisation shall—

(a) carry on its activities; or
(b) seek financial assistance from any source; or
(c) collect contributions from the public;
under a name other than the name under which it is registered.

(2) Any person who in any manner takes part in the management or control of a registered non-governmental organisation, knowing that such organisation is contravening the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

13 Surrender of registration certificate

The director of a registered non-governmental organisation may surrender to the Registrar the certificate of registration thereof, and the Registrar may thereupon accept the surrender subject to such of the prescribed conditions as the Registrar may impose.

14 Restoration of cancelled or surrendered certificate

Upon the application of the director of a non-governmental organisation the certificate of registration whereof has been cancelled or surrendered, the Registrar may grant to the organisation a fresh certificate of registration and section ten shall apply, with necessary changes, in connection with an application for, and the granting of, a certificate of registration under this section.

15 Appeals

(1) Any non-governmental organisation which is aggrieved by any decision of the Council relating to the rejection, either wholly or in part, of an application for registration or to the cancellation, amendment, surrender or restoration of a certificate of registration may appeal against that decision to the Minister.
(2) The Minister may confirm the decision of the Council or, subject to this Act, give such other decision as in his opinion the Council ought to have given, and may instruct the Council to do everything necessary to give effect to his decision.

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