NON-GOVERNMENTAL ORGANIZATIONS

CHAPTER 5:05
NON-GOVERNMENTAL ORGANIZATIONS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

PART I
PRELIMINARY

   3.   Objects of the Act

   4.   Application of the Act

   5.   Exempt organizations

PART II
ESTABLISHMENT OF THE NGO BOARD OF MALAWI

   6.   Establishment of the Board

   7.   Composition of the Board

   8.   Disqualification from appointment to the Board

   9.   Removal of Board members

   10.   Tenure of office

   11.   Filling of vacancies

   12.   Invited persons

   13.   Allowances, etc., of Board members

   14.   Chairman and Vice-Chairman

PART III
MEETINGS OF THE BOARD

   15.   Meetings of the Board

   16.   Establishment of committees

   17.   Disclosure of interest

PART IV
DUTIES, FUNCTIONS AND THE POWERS OF THE BOARD

   18.   Duties and functions of the Board

PART V
MANAGEMENT OF THE BOARD

   19.   Registrar and other employees

PART VI
REGISTRATION OF NGOS

   20.   Registration

   21.   Certificate of Registration

   22.   Reporting requirements

   23.   Cancellation or suspension of registration

PART VII
THE DESIGNATED NGO CO-ORDINATING BODY

   24.   Designation of body

   25.   Functions of CONGOMA

PART VIII
GENERAL ASSEMBLY

   26.   General Assembly

PART IX
FINANCIAL PROVISIONS

   27.   Funding of the Board

   28.   Borrowing powers

   29.   Investment of surplus money

   30.   Financial year

   31.   Accounts and audit

   32.   Annual reports

PART X
FUNDRAISING

   33.   Fundraising by registered NGOs

PART XI
MISCELLANEOUS PROVISIONS

   34.   Offence and penalty

   35.   Regulations

   36.   Savings

6 of 2001
G.N. 11/2007

An Act to provide for the rights and obligations of Non-Governmental Organizations in Malawi, to promote the development and values of a strong independent civil society, to provide for the establishment, functions and powers of the Non-Governmental Organizations Board of Malawi and the right of the public to access information with respect to registered organizations and to provide for matters incidental thereto or connected therewith

[17TH MARCH 2001]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Non-Governmental Organizations Act.

2.   Interpretation

   In this Act, unless the content otherwise requires—

   “Board” means the Non-Governmental Organizations Board of Malawi established under section 6;

   “designated NGO Coordinating body” means an independent institution representing Non-Governmental Organizations in Malawi established under section 24;

   “exempt organization” means an NGO exempted from the provisions of this Act under section 5;

   “international NGO” means an institution or organization for public benefit purposes, established under the laws of a country other than Malawi, or established under a treaty or convention and conducting some or all of its activities in Malawi;

   “NGO” means a Non-Governmental Organization constituted for a public benefit purpose to which the provisions of this Act are applicable under section 4;

   “public benefit purposes” means organizational purposes involving developmental and charitable purposes including but not limited to, educational, health, welfare, advocacy, cultural, civic, social, recreational, scientific, environmental, or other similar objects for the benefit of the general public, a section thereof or members of the organization but excluding involving the activities of a church or religion, trade union, employers organization or political party;

   “public fundraising’’ means the soliciting from the general public in Malawi, for public benefit purposes, of contributions of value, whether in cash or in kind, but for the avoidance of doubt does not include the kind of soliciting directed to members, office bearers or other persons who have a relationship with the organization concerned;

   “Registrar of NGOs” means the Registrar appointed under section 19.

3.   Objects of the Act

   The objects of this Act are—

   (a)   to promote the development of a strong independent civil society in Malawi and to facilitate the formation and effective functioning of NGOs for public benefit purposes;

   (b)   to create a conducive environment for NGO development through Government provision of incentives;

   (c)   to promote donor and public confidence in the NGO sector, and to encourage the development of an NGO code of conduct, incorporating principles of fiduciary integrity, public accountability, democratic decision-making, developmental synergy, non-discrimination and beneficiary equity;

   (d)   to facilitate a relationship between NGOs and the Government involving constructive collaboration and partnership in furtherance of the public interest; and

   (e)   to affirm the human rights enshrined in the Constitution of the Republic of Malawi.

4.   Application of the Act

   Save as otherwise provided in this Act, the provisions of this Act shall apply to an NGO within Malawi which fulfils the following conditions—

   (a)   it has a written constitution or a governing instrument;

   (b)   it is not established, administered or controlled directly or indirectly by the Government of Malawi, or any other government;

   (c)   it applies all its funds and resources for public benefit purposes only;

   (d)   it does not transfer or distribute, whether directly or indirectly, any benefit to its members, donors, trustees, directors or other officers, or their associates or next of kin, except if such benefits represent—

      (i)   reasonable remuneration for services actually rendered; or

      (ii)   benefits conferred, without favour or discrimination, by reason of the beneficiary being part of an eligible group or category entitled to benefit in accordance with the public benefit purposes of the organization concerned;

   (e)   it is not for private profit or gain for the persons controlling or managing the affairs of the NGO without prejudice to the rights and privileges of employees;

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