The NGO Bill contravenes the section because it interferes with the operation of nongovernmental organisations, which facilitate platform for discourse on various issues
of public interest and democracy.
The NGO Bill in its very nature violates Section 21 of the Constitution which
guarantees the protection of freedom of assembly and association because it
interferes with the operation of non-governmental organisations that provide a
platform for discourse on various issues of public interest and democracy.
Whilst the Bill seeks to regulate the work of the NGOs, which is the function of the
government, NGOs contribute to the country’s development. However, some
sections in the Bill as outlined below affect the autonomy of NGOs.
The Bill will therefore make it difficult to comply with Universal Declaration of
Human Rights, the United Nations Charter, the International Covenant on Civil
and Political Rights, the African Treaty, and other regional and international
instruments in terms of full citizen participation in governance issues.
4.COMMENTS ON SPECIFIC SECTIONS OF THE NGO BILL
4.1 The NGO Council
Section 3
Establishes the NGO Council, which is essentially the regulatory body for NGOs.
Subsection 2(a) stipulates just five representatives from NGOs “ which the Minister
considers are representatives of non-governmental organizations.”
Subsection 2(b) and (c) stipulate that the bulk of the members of the proposed
Council “ … shall consist of one representative who shall not be under the level of
Under Secretary from each of the following Ministries –
1. The Ministry for which the Minister is responsible
2. The Ministry of Health
3. The Ministry of Justice, Legal and Parliamentary Affairs
4. Finance ministry
5. The Ministry of Youth Development, Gender and Employment Creation
6. Foreign Affairs Ministry
7. Local Government Ministry
8. The Ministry responsible for Information and Publicity
9. A representative from the President’s Office and Cabinet and
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