10. The Registrar, who is ex officio
The following are glaring anomalies that we feel need to be looked into by
Parliament and stakeholders, which at best need to be struck off the proposed
legislation.
• There are 10 government representatives against 5 NGO
representatives in the proposed Council, which essentially has to
protect the rights and functions of NGOs. This constitutes an unfair
representation of NGOs.
• According to subsection 2(a) that we have alluded to, it is the
Minister’s sole responsibility to decide which five NGO
representatives to take on board the proposed Council. Subsection 4
also says the responsible Minister may specify to the NGOs, who in
his or her (that is the Minister) opinion, are suitable for appointment
to the proposed Council.
PROPOSAL 1
The proposed NGO Council should have at the very least an equal number of
representatives from NGO and the Government sectors. Our preference is for
self -regulation. In addition, it is our considered opinion that there should be a
democratic process in the selection of The NGO representatives on the
Council.
4.2 Registration of Non-Governmental Organisations
SECTION 9
Requires that all NGOs be registered in terms of the said Bill and makes it unlawful
for any NGO to carry on its business without registration.
Section 9 (1) states that:
‘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.
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