Section 12 is unlawful in that it is ultra vires Section 22 of the Act in that it goes beyond the criteria for restricting privileges of non-registered arts organisations. A statutory instrument must confine itself to the parameters of its Act, and not seem to amend the Act as it is doing here by additionally excluding from policy formulation unregistered arts organisations Part IV of the Regulations pertaining to and therefore stipulating the registration of arts promoters is likewise unlawful because Section 22 of the Act requires only arts organisations to be registered, not any other entity. This is so stark in that Section 3 pertaining to the registration of arts organisations does state that it is issued in terms of section 23 of the Act. This section of the regulations understandably omits to mention which section of the Act it is being issued in terms of because there is no provision in the Act allowing it to be issued. Consequently the prohibition of arts promoters and businesses operating without being registered or licensed in Sections 13(4) and 19 are void at law, as well as the whole of Part IV, corresponding ‘offences’ in section 23, and paragraphs B,C and D of S I 166/2009 which levies licence fees for illicit licences. Unconstitutionality Section 3(3)(iv)'s insistence on providing a PVO Act registration number for registering a private voluntary organisation is unconstitutional as it is not only discriminatory but limits the freedom of assembly and association guaranteed by section 58 which allows organisations to be formed by a constitution without having to necessarily register as a PVO or a trust or a company or other form. The exclusion of unregistered arts organisations from the national arts policy consultations in Section 12(c) violates Section 13(2) of the Constitution requiring the involvement of people in formulating and implementing development plans and programmes, as well as Section 56(3) prohibiting discrimination and Section 194(1)(d) requiring public services to be provided fairly, equitably and without bias. 37 | P a g e