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Organisations Bill, 2004
OF NON-GOVERNMENTAL ORGANISATIONS
organisations to be registered
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
Non-governmental organisations to be registered
(1) No non-governmental
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.
(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
(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.
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;
(c) if the organisation fails to comply with any condition of its
(d) if the organisation ceases to function as a non-governmental organisation;
(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
(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).
Non-governmental organisations not to carry on activities except under
(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.
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.
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
(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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