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Amendments to the NGO Bill agreed to by Parliament during the Bill's second reading
Veritas
Extracted from Billwatch 41 of 30.11.04
November 25, 2004

Read the NGO Bill

BILL WATCH 41

[30.11.2004]

The following are the AMENDMENTS TO THE NGO BILL agreed to by Parliament during the Bills second reading .  The amendments have now been referred to the Parliamentary Legal Committee which will have to report on them back to the House before the Bill can have its third reading. 

Please Note - the record in Votes and Proceedings was incomplete.  We have endeavoured to get a more complete version from various other official records  [we have inserted these in italics].   The amendments are not final until they have been confirmed and passed in the third reading of the Bill.

Amendment of Clause 3 subclause 2

In clause 3 subclause 2 [page 5 of the Bill in line 44] delete “five” and insert “six”

In clause 3 subclause 2 [page 6 of the Bill after line 10] insert a new sub-paragraph (ix) and the existing sub-paragraph (ix) becomes sub-paragraph (x)

“(ix) the Ministry responsible for environment;”

Clause 3 subclause 2 will now read

(2)         Subject to this section, the Council shall consist of—
(a)   five six 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) the Ministry responsible for environment;
 (ix) (x) Office of the President and Cabinet; and
(c)   the Registrar, ex officio.

Amendment of Clause 10 subclauses 3, 7(a) and 11

In clause 10 subclause 3 [page 9 of the Bill in line 6] delete paragraph (k) and substitute with the following –             

“(k) such other matters as may be prescribed.”


In clause 10 subclause 7(a) [page 9 of the Bill in line 25], delete “certificate of registration” and substitute “practicing certificate.”

 

In clause 10 subclause 11 [page 9 of the Bill in line 43] delete paragraph (b) and substitute with the following

“(b) an annual practicing certificate.”


Clause 10 subclauses 3, 7(a) and 11 will now read

(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.

(k)   such other matters as may be prescribed.

(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 practicing certificate 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.

(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.

(b)   an annual practicing certificate.


Amendment of Clause 14

In clause 14 [page 11 of the Bill in line 12] delete “grant” and substitute with “issue”.

 

Clause 14 will now read
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 issue 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.

Amendment of Clause 19 subclause 2

In Clause 19 subclause 2 [page 12 of the Bill in line 8] delete “thereby” and substitute with “by the organization.”

Clause 19 subclause 2 will now read

(2)         Upon the cancellation or surrender of a certificate of registration issued to a non-governmental organisation, any delegation granted thereby by the organization to any branch thereof shall automatically lapse.

Amendment of Clause 20

In clause 20 [page 12 of the Bill between lines 14 and 15], 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.”

Clause 20 will now read

(1)The Registrar, after consultation with the Council, may determine that any branch of a non-governmental organisation which is not subject to the control and direction of that organisation shall, for the purposes of this Act, be deemed to be an independent and separate non-governmental organisation.

(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.

Amendment of Clause 23 subclause 1(c)

In clause 23 subclause 1(c) [page 13 of the Bill between lines 22 and 23] delete “code of conduct as may be prescribed” and substitute with “prescribed code of conduct.”

 

Clause 23 subclause 1(c) will now read

(c)     any contravention of any provision of a code of conduct prescribed code of conduct as may be prescribed.

Amendment of Clause 26 subclauses 3 and 4

In clause 26 subclause 3 [page 15 of the Bill in line 45] delete “is or in” and substitute with “is in or in.”

In clause 26 subclause 4 [page 16 of the Bill in line 10] after “offence.” insert “and liable to a fine not exceeding level five or to imprisonment for a period not exceeding four months or to both such fine and such imprisonment.”

 

Clause 26 subclauses 3 and 4 will now read

(3)         Any person who, is or in is in or in connection with—

(a)   any application for the registration of a non-governmental organisation or the exemption of such an organisation under section 10; or

(b)   any application for the registration of the alteration of the name of a registered non-governmental organisation;


makes a statement or submits information that is false or misleading in a material particular, not having reasonable grounds for believing the statement or information to be true, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding four months or to both such fine and such imprisonment.

 

(4)         Any person who becomes, continues to be or acts in the capacity of an office-bearer or officer of a non-governmental organisation within five years after having been convicted under the law of Zimbabwe or of any foreign country of any offence involving dishonesty shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding four months or to both such fine and such imprisonment.

Amendment of Clause 32

In clause 32 [page 18 of the Bill between lines 14 and 17] delete the clause and substitute with the following –


1) “Every non-governmental organization which, immediately before the date of commencement of this Act was exempt from registration as a private voluntary organization under the repealed Act by virtue of being a registered trust, whether with the High Court or otherwise, shall be deemed to be temporarily registered as a non-governmental organization under this Act for a period of 6 months from the date of commence of this Act.”

2) In clause 32 [page 18 of the Bill between lines 17 and 18] , to insert the following subclause, the existing clause becoming subclause (1):

          “(2) Any non-governmental organization 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 organization under the repealed Act;

shall lodge an application for registration with the Registrar in terms of section ten not later than six (6) months.

Clause 32 will now read

Every non-governmental organisation which, immediately before the date of commencement of this Act was lawfully registered as a private voluntary organisation under the repealed Act shall be deemed to be registered as a non-governmental organisation under this Act.

(1) “Every non-governmental organization which, immediately before the date of commencement of this Act was exempt from registration as a private voluntary organization under the repealed Act by virtue of being a registered trust, whether with the High Court or otherwise, shall be deemed to be temporarily registered as a non-governmental organization under this Act for a period of 6 months from the date of commence of this Act.”

(2) Any non-governmental organization 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 organization under the repealed Act;

shall lodge an application for registration with the Registrar in terms of section ten not later than six (6) months 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.

Amendment of Schedule (Section 4) Para 2

In Schedule (Section 4) Para 2 [page 19 of the Bill between lines 11 and 12] insert a new paragraph (c) after paragraph (b) as follows –

“(c) “ statutory body” means –

(i)                any commission established by the Constitution; or

(ii)             any body corporate established directly by or under an Act for special purposes specified in that Act, the membership of which consist wholly or mainly of persons appointed by the President, Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution.”

Schedule (Section 4) Para 2 will now read

(2)  A person who is—

 

(a)   a member of Parliament; or

(b)   a member of two or more other statutory bodies;

(c)   “statutory body” means –

(i)      any commission established by the Constitution; or

(ii)     any body corporate established directly by or under an Act for special purposes         specified in that Act, the membership of  which consist wholly or mainly of persons     appointed by the President, Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution.”

shall not be appointed as a member of the Council, nor shall he or she be qualified to hold office as a member.

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