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Notice of amendments proposed by MDC to NGO Bill (H.B. 13, 2004)
Parliament of Zimbabwe
November 15, 2004

Return to main proposed amendments,
Read the report by the Portfolio Committee

Read the adverse report by the Parliamentary Legal Committee
Read the NGO Bill

CLAUSE 2

By Mr Coltart:

In lines 7 to 19 on page 4 of the Bill, to repeal the definitions of "foreign funding or donation" and "foreign non-governmental organisation" and to substitute the following:

""foreign funding or donation" means any funding provided or donation made by—

(a) an individual who is neither a permanent resident nor a citizen of Zimbabwe; or

(b) a company which is not incorporated in Zimbabwe or, if it is so incorporated, does not carry on business in Zimbabwe; or

(c) an association or persons, whether incorporated or unincorporated, that is predominantly controlled, directly or indirectly, by persons referred to in paragraph (a) or (b);

"foreign non-governmental organisation" means a non-governmental organisation which is predominantly controlled, directly or indirectly, by—

(a) one or more individuals who are neither permanent residents nor citizens of Zimbabwe; or

(b) one or more companies which are not incorporated in Zimbabwe or, if they are so incorporated, do not carry on business in Zimbabwe;".

In lines 20 and 21 on page 4 of the Bill, to repeal the definition of "issues of governance".

Between lines 29 on page 4 of the Bill and 22 on page 5, to repeal the definition of "non-governmental organisation" and to substitute the following:

""non-governmental organisation" means a body or association of persons, whether incorporated or unincorporated, Zimbabwean or international, which is formed for any one or more of the following purposes—

(a) enhancing or promoting economic, environmental, social or cultural development;

(b) promoting issues of general public interest or of interest to a section of the public;

and includes a body or association established by or under the auspices of a religious body, a faith-based organisation, a political organisation or a trade union, but does not include—

(i) any body or association, whether incorporated or unincorporated—

A. whose primary purpose is the making of profit; or

B. the benefits from which are exclusively for its own members;

or

(ii) any international organisation or agency whose privileges, immunities rights and obligations in Zimbabwe are governed by the Privileges and Immunities Act [Chapter 3:03]; or

(iii) any governmental or quasi-governmental organisation or institution whose legal status is that of an instrumentality or arm of a foreign government; or

(iv) any institution or service maintained and controlled by the State or a local authority; or

(v) any religious body; or

(vi) any educational trust approved by the Minister; 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 that is approved by the Minister; or

(ix) any political organisation in respect of work confined to political activities; or

(x) any trade union or employers’ organisation; or

(xi) the Zimbabwe Red Cross Society established by the Zimbabwe Red Cross Society Act [Chapter 17:08]; or

(xii) such other bodies, associations or institutions as may be prescribed;".

In line 28 on page 5 of the Bill, to delete "subparagraph (vi)" and to substitute "subparagraph (vii)".


CLAUSE 3

By Mr Coltart:

In line 44 on page 5 of the Bill, to delete the word "five" and to substitute "eight".

In line 10 on page 6 of the Bill, to delete subparagraph (viii) of paragraph (b) and to substitute the following:

"(viii) the Ministry responsible for the environment;".

In lines 17 to 30 on page 6 of the Bill, to repeal subclause (4) and to substitute the following:

"(4) Before appointing a member of the Council referred to in—

(a) paragraph (a) of subsection (2), the Minister shall call upon non-governmental organisations or any body which represents a class of non-governmental organisations to nominate such number of qualified persons for appointment as the Minister may specify;

(b) paragraph (b) of subsection (2), the Minister shall call upon the Minister responsible for the administration of the Ministry or office concerned to nominate a qualified person for appointment;

and shall select the member from the persons so nominated:

Provided that—

(i) the Minister may decline to appoint a person so nominated and call upon the organisation, body or Minister concerned to nominate one or more other persons;

(ii) if no nominations are received within a reasonable time after the Minister has called for them, the Minister may appoint any person who, in his opinion, will adequately represent the organisation, Ministry or office concerned;

(iii) in appointing members referred to in paragraph (a) of subsection (2), the Minister shall ensure that the views of as broad a spectrum of non-governmental organisations as possible are represented on the Council.".

CLAUSE 4

By Mr Coltart:

Between lines 7 and 8 on page 7 of the Bill, to insert the following new subclause, the existing subclause (2) being renumbered accordingly:

"(2) The Council shall establish such provincial and district offices as will enable it to exercise its functions effectively and efficiently throughout Zimbabwe.".

 

CLAUSE 9

By Mr Coltart:

In lines 16 and 17 on page 8 of the Bill, to repeal subclause (4) and to substitute the following:

"(4) A non-governmental organisation shall not be registered if its sole or principal object is to further or facilitate the activities of a particular political party.".

Between lines 25 and 26 on page 8 of the Bill, to insert the following proviso to subclause (5):

"Provided that no prosecution for a contravention of subsection (3) shall be instituted against a person unless the Registrar has, in writing—

(a) notified the person that the non-governmental organisation concerned is contravening subsection (1); and

(b) required the contravention to be remedied within a period of three months;

and by the end of that three-month period—

(i) the non-governmental organisation has not applied for registration in terms of subsection (1) or for an amendment of its registration under that subsection, as the case may be, in order to remedy the contravention; and

(ii) the person continues to take part in the management or control of the non-governmental organisation.".

 

CLAUSE 10

By Mr Coltart:

In lines 40 to 43 on page 9 of the Bill, to repeal subclause (11) and to substitute the following subclauses:

"(11)  Every registered non-governmental organisation shall pay such annual fee as may be prescribed.

(12)  A certificate of registration issued in terms of paragraph (a) of subsection (7) shall be valid for three years from the date of its issue.

(13)  If, on or before the expiry of its certificate of registration, a registered non-governmental organisation applies to the Registrar for a new certificate, the Registrar shall issue a new certificate of registration to the organisation, valid for a further period of three years, upon being satisfied that the organisation has paid any outstanding annual fees.".

 

CLAUSE 15

By Mr Coltart:

Between lines 23 and 24 on page 11 of the Bill, to insert the following subclauses in clause 15:

"(3) An appeal shall lie to the Administrative Court against any decision of the Minister in terms of subsection (2).

(4) An appeal in terms of subsection (3) shall be made in the form and manner and within the period prescribed in rules of court.

(5) In an appeal in terms of subsection (3), the Administrative Court may confirm, vary or set aside the decision appealed against and may make such order, whether as to costs or otherwise, as the Court thinks fit.".

 

CLAUSE 17

By Mr Coltart:

In lines 36 and 37 on page 11 of the Bill, to repeal the clause and to substitute the following:

"A non-governmental organisation shall not accept any foreign funding or donation for the purpose of furthering or facilitating the activities of a particular political party.".

 

CLAUSE 20

By Mr Coltart:

Between lines 14 and 15 on page 12 of the Bill, to insert the following subclauses, the existing clause becoming subclause (1):

"(2) A non-governmental organisation that is aggrieved by a determination of the Registrar under subsection (1) may appeal against it to the Minister.

(3) An appeal under subsection (2) shall be lodged in writing with the Minister within thirty days after the appellant was notified of the Registrar’s determination, and shall specify the grounds of the appeal.

(4) In an appeal under subsection (3), the Minister, after making such investigation as he or she thinks necessary and giving the Council, the Registrar and the appellant a reasonable opportunity to make representations in the matter, may confirm the Registrar’s determination or, subject to this Act, may make such other determination as in his opinion the Registrar ought to have made.

(5) An appeal shall lie to the Administrative Court against any decision of the Minister in terms of subsection (4).

(6) An appeal in terms of subsection (5) shall be made in the form and manner and within the period prescribed in rules of the Administrative Court.

(7) In an appeal in terms of subsection (5), the Administrative Court may confirm, vary or set aside the decision appealed against and may make such order, whether as to costs or otherwise, as the Court thinks fit.".

 

CLAUSE 32

By Mr Coltart:

Between lines 17 and 18 on page 18 of the Bill, to insert the following subclause, the existing clause becoming subclause (1):

"(2) Any non-governmental organisation which—

(a) was carrying on any activities in Zimbabwe before the date of commencement of this Act; and

(b) immediately before the date of commencement of this Act, was not registered as a private voluntary organisation under the repealed Act;

shall lodge an application for registration with the Registrar in terms of section ten not later than one year after that date and, pending the final determination of the application, may continue to carry on its activities as if it were registered as a non-governmental organisation under this Act.".

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