3
December 1997
To
provide for an environment in which nonprofit organisations can flourish; to
establish an administrative and regulatory framework within which nonprofit
organisations can conduct their affairs; to repeal certain portions of the
Fund-raising Act, 1978; and to provide for matters connected
therewith.
(Afrikaans
text signed by the President.)
(Assented
to 26 November 1997.)
BE IT
ENACTED by the Parliament of the Republic of South Africa. As follows:
-
CHARTER
1
INTERPRETATION
AND OBJECTS OF ACT
Definitions
(1) In
this Act unless the context
indicates otherwise-
(i) “accounting officer” means, in
relation to a nonprofit organisations, a person contemplated in section 60 of
the Close Corporations Act, 1984 (Act No. 69 of 1984);
(ii)
“Arbitration Tribunal” means an Arbitration Tribunal contemplated in section 10
9;
(iii)
“banking account” Means an account with a bank registered in terms of the Banks
Act, 1990 (Act No. 94 of 1990), or with a mutual bank registered in terms of the
Mutual Banks Act, 1993 (Act No. 124 of 1993);
(iv)
“constitution” includes a trust deed and memorandum and articles of 15
association; (
(v)
“director” means the person designated in terms of section 8;
(v)
(vi)
“Directorate” means the body established in terms of section 4;
(vi)
(vii) “financial year”, in relation to the Directorate, means a
period which commences on 1 April and ends on 31 March in the following year;
(iv)
(viii)
“Minister” means the Minister for Welfare and Population Development:
(ix)“national
department” means the national department responsible for welfare:
(xi)
(x) “nonprofit organisation” means a trust, company or other
association of persons-
(a) established for a public purpose:
and
(b) the income and property of which are
not distributable to its members or office-bearers except as reasonable
compensation for services rendered:
(xi) Office-bearer” means a director,
trustee or person holding an executive
position:
(I)
(xii)“prescribe”
means prescribe by regulation and “prescribed” has a corresponding
meaning;
(xiii)
“register’ means the register contemplated in section 24;
(xiv)
“registered nonprofit organisation” means a nonprofit organisation registered in
terms of section 13; (vii)
(xv)“this
Act” includes the regulations made under this Act.
(2) Any
person interpreting and applying this Act must-
(a) give a
liberal construction to its provisions, in a manner that –
(i)
is
consistent with the objects of this Act set out in section 2;
and
(ii)
accounts
for the particular purpose, role and circumstances of a particular nonprofit
organisation:
(b) with
respect to any particular nonprofit organisations, apply the provisions of
sections 16(1) and 17(3) only to the extent that they do not conflict with any
other law governing that nonprofit organisation.
Object
of Act
2.
The
objects of this Act are to encourage and support nonprofit organisations in
their contribution to meeting the diverse needs of the population of the
Republic by-
(a)
creating
an environment in which nonprofit organisations can
flourish;
(b)
establishing
an administrative and regulatory framework within which nonprofit organisations
can conduct their affairs;
(c)
encouraging
nonprofit organisations to maintain adequate standards of governance,
transparency and accountability and to improve those
standards;
(d)
creating
an environment within which the public may have access to information concerning
registered nonprofit organisations, and
(e)
promoting
a spirit of co-operation and shared responsibility within government, donors and
amongst other interested persons in their dealings with nonprofit
organisations.
CHARTER
2
CREATION
OF AN ENABLING ENVIRONMENT
State’s
responsibility to nonprofit organisations
3.
Within
the limits prescribed by law, every organ of state must determine and
co-ordinate the implementation of its policies and measures in a manner designed
to promote, support and enhance the capacity of nonprofit organisations to
perform their functions.
Establishment
of Directorate for Nonprofit Organisations
4.
The
Minister must establish within the national department a Directorate for
Nonprofit Organisations.
Functions
of Directorate
5.
In
addition to any other function determined by the Minister or specified elsewhere
in this Act, the Directorate is responsible for-
(a)
facilitating
the process for developing and implementing policy:
(b)
determining
and implementing programs, including programs-
(i)
to
support nonprofit organisations in their endeavor to register:
and
(ii)
to
ensure that the standard of governance within nonprofit organisations is
maintained and improved:
(c)
liaising
with other organs of state and interested parties; and
(d)
facilitating
the development and implementation of multi-sectoral and multi-disciplinary
programs.
Model
documents and codes of good practice
6.
(1) The
Directorate must –
(a) prepare and issue model documents,
including-
(i)
model
constitutions for nonprofit organisations; and
(ii)
a model
of the narrative report to be submitted by registered nonprofit organisations to
the Directorate:
(b) prepare
and issue codes of good practice for
(i)
nonprofit
organisations; and
(ii)
those
persons, bodies and organisations making donations or grants to nonprofit
organisations.
2.
Any
model document or code of good practice, or any amendment or substitution
thereof must be-
(a) made in
accordance with the procedure contemplated in section 28 with the necessary
changes; and
(b) published
in the Gazette.
Reports
of Directorate
7.
Within
six months after the end of each financial year, the Minister must table a
written narrative and financial report on the activities of the Directorate for
the previous financial year in Parliament.
Designation
of Director of Nonprofit Organisations
8.
The
Minister must designate an employee of the national department as the Director
of Nonprofit Organisations to be in charge of the Directorate and to perform the
other functions conferred on the director by or in terms of this Act or any
other law.
Panel of
Arbitrators and Arbitration Tribunal
9.
(1) The
Minister must appoint persons so as to maintain a panel of arbitrator consisting
of at least seven persons.
(2) (a) The Minister must designate one
member of the panel of arbitrator to act as the
chairperson.
(c) If the
Chairperson is unable to act in this capacity or the post becomes vacant, the Minister may
designate any other member of the panel to act as
chairperson.
3.
Whenever the Minister is required to nominate a person to the panel of
arbitrators in terms of subsection (1), the Minister must-
(a) publish
in the Gazette and by any other widely circulated means of communication, a
notice calling for nominees and stating the criteria for
nominations:
(b) consider
all nominations submitted in response to the notice:
(c) compile
a short-list of nominees and publish it for comment in the manner contemplated
in paragraph (a)
(d) consider
any comments received in response to the publication of the short
list
4. The terms and conditions of
appointment of members of the panel of arbitrators must be prescribed by the
Minister.
5.
For the
purposes of this Act, an Arbitration Tribunal may be composed of not more than
three members of the panel of arbitrators appointed by the
chairperson.
Establishment
of Advisory or Technical Committees
10. (1) The
Minister may appoint any advisory or technical committee in order to achieve the
objects of this Act.
(3) When
appointing an advisory or technical committee, the Minister must
determine
(a)
the
composition, functions, and working procedures of such
committee:
(b)
in
consultation with the Minister of Finance, the terms, conditions, remuneration
and allowances applicable to its members; and
(c)
any
other matter relating to such committee
CHAPTER
3
REGISTRATION
OF NONPROFIT ORGANISATIONS
Benefits
of Registration
11. The
Minister may prescribe benefits or allowances applicable to registered nonprofit
organisations, after consultation with the committees of the two Houses of
Parliament responsible for welfare and with the concurrence of every Minister
whose department is affected by a particular benefit or
allowance.
Requirements
for registration
12. (1) Any nonprofit organisation that is not an organ of state may
apply to the director for registration.
(2) Unless the laws in terms of which a nonprofit organisation is
established or incorporated make provisions for the matters in this subsection,
the constitution of a nonprofit organisation that intends to register
must-
(a) state
the organisation’s name;
(b) state
the organisation’s main and ancillary objectives;
(c) state
that the organisation’s income and property are not distributable to its members
or office-bearers, except as reasonable compensation for services
rendered;
(d) make
provision for the organisation to be a body corporate and have an identity and
existence distinct from its members or office-bearers;
(e) make
provision for the organisations continued existence notwithstanding changes in
the composition of its membership or office-bearers;
(f) ensure
that the members or office-bearers have no rights in the property or other
assets of the organisation solely by virtue of their being members or
office-bearers;
(g) specify
the powers of the organisation;
(h) specify
the organisational structures and mechanisms for its
governance;
(i)
set out
the rules for convening and conducting meetings, including quorums required for
and the minutes to be kept of those meetings;
(j)
determine
the manner in which decisions are to be made;
(k)
provide
that the organisation’s financial transactions must be conducted by means of a
banking account:
(l)
determine
a date for the end of the organisation’s financial year;
(m) set out
a procedure for changing the constitution;
(n) set out
a procedure by which the organisation may be wound up or dissolved;
and
(o)
provide
that, when the organisation is being wound up or dissolved, any asset remaining
after all its liabilities have been met, must be transferred to another
nonprofit organisation having similar objectives.
3.
The
constitution of a nonprofit organisation that intends to register, may make
provision for matters relevant to conducting its affairs, including matter
that
(a)
specify
qualifications for and admission to membership of the
organisation;
(b)
determine
the circumstances in which a member will no longer be entitled to the benefits
of membership;
(c)
provide
for termination of membership
(d)
provide
for appeals against loss of the benefits of membership or against termination of
membership and specify the procedure for those appeals and determine the body to
which those appeals may be made:
(e)
provide
for membership fees and matters determining membership fees and other payments
by members;
(f)
provide
that members or office-bearers do not become liable for any of the obligations
and liabilities of the organisation solely by virtue of their status as members
or office-bearers of the organisation;
(g)
provide
for the appointment of office-bearers and define their respective
functions;
(h)
set out
a procedure for nominating, electing or appointing
office-bearers;
(i)
determine
the circumstances and manner in which office-bearers may be removed from office
and provide for appeals against such removal and specify procedures for those
appeals and determine a body to which those appeals can be
made:
(j)
provide
that its office-bearers are not personally liable for any loss suffered by any person as a result of an act or
omission which occurs in good faith while the office-bearer is performing
functions for or on behalf of the organisation;
(k)
provide
for making investments;
(l)
determine
the purposes for which the funds of the organisation may be used;
and
(m) provide
for acquiring and controlling assets
Application
for registration
13. (1) A
nonprofit organisation may apply for registration by submitting to the
director
(a)
the
prescribed form, properly completed;
(b)
two
copies of its constitution; and
(c)
such
other information as may be required by the director so as to assist the
director to determine whether or not nonprofit organisation meets the
requirements for registration.
2.
Within
two months after receiving an application which complies fully with subsection
(1) the director-
(a) must
consider the application and any further information provided by the applicant;
and
(b) if
satisfied that the applicant by entering the applicant’s name in the
register.
(3) If, after considering an application, the
director is not satisfied that the application complies with the requirements
for registration, the director is not satisfied that the application complies
with the requirements for registration, the director must send the applicant a
written notice, giving reasons for the decision and informing the applicant that
it has one month from the date of the notice to comply with those requirements.
(4) The
period within which compliance must be effected may be extended by the director
on good cause shown by the applicant.
(5) If an
applicant who has received a notice in terms of subsection (3) complies with the
requirements for registration timeously, the director must register the
applicant by entering the applicant’s name in the
register.
(6) If an
applicant who has received a notice in terms of subsection (3) has not complied
timeously with the requirements set out in that notice, the director
must-
(a) refuse
to register the applicant; and
(b) notify
the applicant in writing of the refusal and the reasons for
it.
Appeals
against refusal to register
14. (1) Within one month after receipt
of a notice of a decision of the director not to register a nonprofit
organisation, the organisation may appeal against the decision by submitting to
the Directorate for consideration by an Arbitration
Tribunal-
(a)
the
application to register;
(b)
the
notice sent to the applicant by the director in terms of section
13(3);
(c)
details
of the organisation’s response to the director’s notice;
and
(d)
the
director’s notice and reasons for the decision which is the subject of the
appeal.
(2)
Within
three months after receipt of the relevant items, the Arbitration Tribunal must
consider the appeal in the prescribed manner, including providing the appellant
and the Directorate with the opportunity to make oral representations, and send
a written notice of its decision to the appellant and to the director, stating
the reasons for the decision.
(3)
If the
Arbitration Tribunal upholds an appeal, the director must register the
organisation by entering its name in the register.
Certificate
of Registration
15. (1) Upon registering any applicant, the
director must-
(a)
issue a
certificate of registration in the applicant’s name on the prescribed form which
must include a registration number;
(b)
send the
certificate and a certified copy of the registered constitution to the
applicant; and
(c)
advise
the applicant of the date on which its name was entered in the
register.
(2)
A
nonprofit organisation that has been registered remains registered
until-
(a)
its
registration is cancelled in terms of the this Act;
(b)
the
organisation is voluntarily deregistered; or
(c)
the
organisation is wound up or dissolved.
Effect
of registration
16. (1) The certificate of registration of a
nonprofit organisation, or a duly certified copy of the certificate, is
sufficient proof that the organisation-
(a) has met
all the requirements for registration;
(b) has been
registered in terms of this Act; and
(c) is a
body corporate.
(2)
For the
purposes of the Act, service of any document directed to a registered nonprofit
organisation at the physical address most recently provided to the director must
be regarded as service of that document on that
organisation.
(3)
A
registered nonprofit organisation must reflect its registered status and
registration number on all of its documents.
Accounting
records and reports
17. (1) Every registered nonprofit organisation
must, to the standards of generally accepted accounting
practice-
(a) keep
accounting records of its income expenditure, assets and liabilities; and
(b) within
six months after the end of its financial year, draw up financial statements,
which must include at
least-
(i)
a
statement of income and expenditure for that financial year;
and
(ii)
a
balance sheet showing its assets, liabilities and financial position as at the
end of that financial year.
(2) Within two months after drawing up its
financial statements, every registered nonprofit organisation must arrange for a
written report or be compiled by an accounting officer and submitted to the
organisation stating whether or not-
(a)
the
financial statement of the organisation are consistent with its accounting
records;
(b)
the
accounting policies of the organisation are appropriate and have been
appropriately applied in the preparation of the financial statements;
and
(c)
the
organisation has complied with the provisions of this Act and of its
constitution which relate to financial matters.
(3) Every registered nonprofit organisation
must preserve each of its books of account, supporting vouchers, records of
subscriptions or levies paid by its members, income and expenditure statements,
balance sheets and accounting officer’s reports, in an original or reproduced
form, for the prescribed period.
Duty to
provide reports and information
18. (1) Every registered nonprofit organisation
must, in writing, provide the director with-
(a)
a
narrative report of its activities in the prescribed manner together with its
financial statements and the accounting officer’s report as contemplated in
section 17(1) and (2), within nine months after the end of its financial
year;
(b)
the
names and physical, business and residential addresses of its office-bearers
within one month after any appointment or election of its office-bearers even
Noncompliance
with constitution and obligations by registered nonprofit
organisation
20. (1) The director must-
(a) send a
compliance notice in the prescribed form to a registered nonprofit organisation
if the organisation has not complied with-
(i)
a
material provision of its constitution;
(ii)
a
condition or term of any benefit or allowance conferred on it in terms of
section 11; or
(iii)
its
obligations in terms of sections 17, 18 and any other provision of this Act;
and
(b) refer
the nonprofit organisation to the South African Police Service for criminal
investigation if satisfied that any noncompliance may constitute an
offence.
(2) A
compliance notice contemplated in subsection (1) must-
(a) be in
writing;
(b) notify
the organisation of the noncompliance and the steps it is required to take in
order to comply; and
(c) inform
the organisation that it has one month from the date of the notice to
comply.
(3) The
period within which compliance must be effected may be extended by the director
on good cause shown by the organisation.
Cancellation
of registration
21. (1) If a registered nonprofit organisation
which has received a notice in terms of section 20 does not comply timeously
with the notice or makes material false representations in any document or a
narrative, financial other report submitted to the director, the director
must-
(a) cancel
its certificate of registration and its registration;
(b) notify
the organisation in writing of-
(i)
the
cancellation and the reasons for it; and
(ii)
the date
on which the registration was cancelled; and
(c) amend
the register accordingly.
(2) When a
nonprofit organisation’s registration has been cancelled, all the rights,
benefits and allowances it enjoyed as a result of being registered end
immediately.
(3) For
purposes of this Act, a cancellation of registration takes effect on the date on
which the certificate of registration is cancelled by the
director.
Appeals
against cancellation of registration
22. (1) A registered nonprofit organisation may
refer the decision of the director to cancel its registration for arbitration to
the Directorate for consideration by an Arbitration Tribunal, and the procedure
established by section 14(1) applies to noting that arbitration, with the
necessary changes.
(2)
Within
three months after receipt of the relevant items, the Arbitration Tribunal must
consider the arbitration in the prescribed manner and send a written notice of
its decision to the appellant and to the director, stating the reasons for the
decision.
(3)
If the
Arbitration Tribunal upholds the appeal-
(a)
the
director must reinstate the registration of the nonprofit organisation
by-
(i)
reissuing
a certificate of registration; and
(ii)
amending
the register accordingly; and
(b)
the
nonprofit organisation must be regarded not to have had its registration
cancelled.
Voluntary
deregistration and winding up or dissolution
23. (1) A registered nonprofit organisation may
deregister voluntarily by sending the director-
(a)
written
notice-
(i)
stating
its intention to deregister voluntarily and the reasons therefor;
and
(ii)
specifying
a date, at least two months after the date of the notice, on which the
deregistration is to take effect; and simultaneously
(b)
a copy
of the reports referred to in section 18(1) for the period from its previous
financial year up to the date of the written notice contemplated in this
subsection.
(2)
If a
registered nonprofit organisation resolves to wind itself up or dissolve or is
being wound up in terms of any law, the organisation must, within one month
after completion of the winding up or dissolution process or the relevant order
of court, send to the director-
(a)
a
written notice-
(i)
stating
this fact;
(ii)
containing
certified copies of all relevant documents confirming the winding up or
dissolution; and simultaneously
(b)
a copy
of the reports referred to in section 18() for the period from its previous
financial
year up to the date of the written notice contemplated in this
subsection.
(3)
Upon
receiving a notice of voluntary deregistration or winding up or dissolution from
a registered nonprofit organisation, the director must on the date specified in
the notice-
(a)
cancel
the organisation’s certificate of registration, and deregister it by amending
the register; and
(b)
notify
the organisation in writing of the deregistration and confirm the date on which
the amendment was made to the register.
Register
of nonprofit organisations
24. (1) The director must keep a register in the
prescribed for of-
(a)
all
nonprofit organisations that have been registers;
(b)
all
nonprofit organisations whose registrations have been cancelled;
and
(c)
all
nonprofit organisations that have voluntarily deregistered or have been wound up
or dissolved.
(2)
Within two months after the end of each financial year, the director must
publish in the Gazette and at least
one other widely circulated means of communication, the names
of-
(a)
all
nonprofit organisations that are registered;
(b)
all
nonprofit organisations whose registrations were cancelled during the previous
financial year; and
(c)
all
nonprofit organisations which deregistered voluntarily during the previous
financial year.
(3) Subsection (2) does not preclude the
director from publishing the names of the organisations contemplated in that
section in any widely circulated means of communication, as and when considered
appropriate.
Access
by public to documents submitted to director
25. (1) The director must preserve in an
original or reproduced form the constitution of registered nonprofit
organisations and must preserve-
(a) the
constitution of a nonprofit organisation whose registration has been cancelled,
or that has voluntarily deregistered; and
(b) any
report or document submitted to the director in terms of this
Act,
in an
original or reproduced form and for the prescribed period.
(2) All members of the
public have the right of access to and to inspect any document that the director
is obliged to preserve.
(3) The Minister must
prescribe the circumstances and manner in which the public may have access to or
inspect such documents.
CHAPTER
4
REGULATIONS
Regulations
26. The
Minister may make any regulation that is necessary or expedient in order to
achieve
the
objects of this Act.
Conditions,
restrictions or prohibitions in regulations
27. (1) Any condition, restriction or
prohibition contained in a regulation must-
(a)
be
proportionate to the object pursued by that regulation;
and
(b)
limit
the rights of persons and bodies as little as is reasonably
possible.
(2) If a failure to comply with a condition,
restriction or prohibition contained in a regulation is an offence, that
regulation must provide that, to the extent practicable, before being subjected
to criminal liability, the affected person must be given notice of the offence
and an opportunity to comply with regulation.
Procedure
for making regulations
28. (1) When intending to make or amend
regulations, unless the public interest requires the
regulations
to be made without delay, the Minister must comply with the following
procedure:
(a) The intention to make the
regulations must be announced by notice in the Gazette and
Gazette and at least one other
widely circulated means of communication.
(b) The notice must
specify-
(i)
that
draft regulations have been developed for comment; and
(ii)
where a
copy of the draft regulations may
be obtained.
(c)
A period
of at least one month from the date of the notice must be allowed for
interested parties to comment on the regulations.
(d)
The
comments received and the content of all discussions and consultations must be
considered before making the regulations.
(2)
Subsection
(1) does not apply to an amendment to correct a textual
error.
(3)
Any
regulation affecting State revenue or expenditure or expenditure may only be
made
with the
concurrence of the Minister of Finance.
CHAPTER
5
GENERAL
PROVISIONS
Offences
29. (1) It
is an offence to cause a nonprofit organisation, when it is being wound up or
dissolved,
to transfer its remaining assets otherwise than in the manner contemplated in
section 12(2)(o).
(2)
It is an
offence for persons, bodies or organisations-
(a) to
represent themselves as being validly registered in terms of this Act unless
they are so
registered;
(b) to make use of a registration number, a
registration certificate or any information
contained
in the registration certificate if they have not been registered in terms of
this
Act;
or
(c) make material false representations in
any document or a narrative, financial or other
report submitted to the
director.
(3)
In any
criminal proceedings in respect of an offence created in terms of this
Act-
(a) a
certified copy of the registration certificate or extract of the register is
admissible evidence and, in the absence of evidence to the contrary, is
sufficient proof that an organisation is registered or has been registered, as
the case may be; and
(b) an
affidavit from the director stating that an organisation has not been registered
in terms of this Act, is sufficient proof of this fact in the absence of
evidence to the contrary.
Penalties
30.
A person convicted of an offence in
terms of this Act is liable to a fine or to imprisonment
or to
both a fine and imprisonment.
Delegation
31. (1) Subject to section 15 of the Exchequer
Act, 1975 (Act No. 66 of 1975), the Minister
may in
writing delegate any f his or her functions in terms of this Act, except those
contemplated in sections 8 and 26 to-
(i)
any
person in the employ of the national department;
(ii)
any body
established by or in terms of this Act; or
(iii)
any
other organ of State responsible for welfare matters, if the head of that organ
of State accepts the delegation.
(2) A person or body carrying out a function
delegated in terms of subsection (1)
must do
so subject to the direction of the Minister.
(3) The Minister
may-
(a) withdraw
a delegation made in terms of subsection (1); and
(b) withdraw
or amend any decision made by a person or body in terms of a delegation
contemplated in subsection (1).
(4)
Until it is withdrawn or amended, any decision made by a person or body in
terms of
a delegated power contemplated in subsection (1) must be regarded as having been
made by the Minister.
(5) Any right or privilege
acquired, or any liability incurred, as a result of a
decision
in terms of a delegation contemplated in subsection (1) is not affected by any
subsequent withdrawal or amendment of that decision.
Restriction
of liability
32. (1) The State Liability Act, 1957 (Act No.
20 of 1957), applies, with the necessary
changes,
to each body established by or in terms of this Act, but a reference in that Act
to “the Minister of the Department concerned” must be interpreted as referring
to the chairperson or head of the relevant body.
(2)
No
member of staff, person or contractor of a body contemplated in subsection (1)
is
Liable
for any damages arising from the publication or disclosure in terms of this Act
of any report or finding, or from any recommendation that is given in good faith
and submitted to the Minister, or to Parliament.
Repeal
of laws
33. Chapters
I and III of the Fund-raising Act, 1978 (Act No. 107 of 1978), are hereby
repealed to the extent that they apply to fund-raising organisations, branches
of such organisations and any other organisation contemplated in Chapter of that
Act.
Transitional
arrangements
34. (1) For the purposes of this section, every
function to be carried out by the Director of
Fund-raising
in terms of the Fund-raising Act, 1978 (Act No. 107 of 1978), must be carried
out by the director.
(2)
(a) Subject to paragraphs (b), (c)
and (d), any fund-raising organisation, branch of a fund-
raising
organisation or any other organisation, duly authorized or registered in terms
of section 4,5, or 6 of the Fund-raising Act, 1978, must be regarded as having
been registered as a nonprofit organisation in terms of this Act, and the
director must enter the name of the organisation in the register as soon as
practicable after this Act takes effect.
(b) In order to maintain its
registration, an organisation contemplated in paragraph (a) must apply to be
registered in terms of this Act-
(i)
within
two years after this Act takes effect, subject to paragraphs (c) and (d);
and
(ii) in accordance with the procedure
contemplated in sections 13,14 and 15.
(c) If the authorization or registration of
an organisation contemplated in paragraph (a)
would
expire-
(i)
within
two months after this Act takes effect, if the authorization or registration of
the organisation would expire within two months after this Act takes effect;
or
(ii)
no later
than two months before its authorization or registration expires, if the
authorization or registration would expire within two years after this Act takes
effect.
(d) If an application contemplated in
paragraph (c) is not made timeously, the director must notify the organisation
in writing of this fact and inform the organisation that it has two months from
the date of the notice to submit its application to be
registered.
(e)
If the
organisation does not submit its application within this period, the
organisation’s
registration
lapses and the director must-
(i)
cancel
the organisation’s certificate of registration and its registration by amending
the register; and
(ii)
notify
the organisation in writing-
(aa) of
the cancellation and the reasons therefor; and
(bb) of
the date on which the amendment in question was made to the
register.
(3)
If an
authorized or registered fund-raising organisation, branch of a fund-raising
organisation or any other
organisation contemplated in subsection (2)(a) fails to comply with
the terms and conditions of
its authorization or registration, the procedures contemplated
in
sections 20, 21 and 22
of this Act. Apply.
(4)
(a)
Any pending application for authorization or registration made in terms
of section
4, 5 or
6 of the Fund-raising Act, 1978, must be dealt with by the director in
accordance with the procedure contemplated in sections 13, 14 and 15 of this
Act.
(b) Any pending application to amend any authorization or registration made in terms
of section 8 of the Fund-raising Act, 1978, must be dealt with by the director
in accordance with the procedure contemplated in that section despite its repeal
but for all other purposes must be regarded as having been made in terms of this
Act.
(c) Any pending application to withdraw any authorization or registration
made in terms of
section 8 of the
Fund-raising Act, 1978, must be dealt with by the director in accordance
with
the procedure
contemplated in section 23 of this Act.
(d) Any pending appeal
instituted in terms of section 10 of the Fund-raising Act, 1978,
may be continued
to its conclusion in terms of that section despite its repeal but for all
other
purposes must be
regarded as having been instituted in terms of this Act.
(e) Any pending investigation into the
affairs of an authorized or registered fund-raising
organisation
conducted in terms of section 30 of the Fund-raising Act, 1978, may be
continued to its
conclusion in terms of that section despite its repeal but for all other
purposes
must be regarded
as having been conducted in terms of this Act.
(f) Any pending criminal proceedings
instituted in terms of section 34 of the Fund-raising
Act, 1978,
may be continued to their conclusion in terms of that section despite its repeal
but
for all
other purposes must be regarded as having been instituted in terms of this
Act.
(5)
Except
as otherwise provided in this section , anything done under any provision
repealed
by this Act must be regarded as having been done under the corresponding
provision
of this Ac and continues to have force and effect-
(a)
except
if it is inconsistent with this Act; or
(b)
until it
is set aside or repealed.
State
bound
35. This Act
binds the State.
Short
title and commencement
36. This Act
is called the Nonprofit Organisations Act, 1997, and takes effect on a date
fixed by the President by proclamation in the Gazette.