|This Bill seeks to enact the law relating to Non-Governmental Organisations
(NGOs) in Malawi. Specifically the Bill addresses issues relating
to registration and requirements for the NGOs operating in Malawi so that
there is equitable sectoral and geographical distribution of the NGO activities
in Malawi, accountability and transparency of NGOs in their activities;
co-ordination and consultation with Government in implementation of activities
of NGOs and uniformity in the interpretation of policies.
The Bill seeks to enhance the NGOs contribution to the economy through provision of social services and creation of employment by ensuring that this is done efficiently and equitably.
Part I of the Bill deals with preliminary issues such as interpretation of words used in the Bill, objectives of the Bill and exempt organisations.
Part II of the Bill deals with the establishment of the NGO Board of Malawi. Issues such as composition of the Board, disqualification from appointment to the Board, removal of Board members, tenure of offices, allowances of Board members and chairman are provided for under this Part.
Part III of the Bill deals with issues relating to the Board. Under this Part the Board is given the power to establish such committees as it deems necessary. Further under this Part it is mandatory for a Board member to disclose interest in any matter being considered by the Board.
Part IV of the Bill spells out the duties and functions of the Board and these include:-
a) to consider and adjudicate upon applications for registration by NGOs and ensure due compliance by the NGOs with the prescribed reporting requirements;
b) to determine, for time to time, the incentives applicable to NGOs under this Act or any other written law and make the necessary recommendations to the Minister;
c) commission surveys, inquiries and research, with a view to advising
the Government with regard to any matter affecting
d) appoint a suitably qualified person as a Registrar and such other employees as it may deem necessary for the discharge of the duties and functions of the Board.
Part V of the Bill deals with management of the Board, that is the Registrar and the staff subordinate to him.
Part VI of the Bill deals with registration of NGOs. The Bill makes it mandatory for all NGOs operating in Malawi to register and lays down the conditions for registration.
This Part also makes provision for the certificate of registration and outlines the reporting requirements. Further the Part specifies under what conditions registration of NGOs can be cancelled or withdrawn.
Part VII deals with the designated NGO co-ordinating
body. The designated NGO co-ordinating body is the Council for Non-Governmental
Organisations in Malawi and the part also provides for the independence
Part VIII of the Bill deals with General Assembly and specifies who can attend the General Assembly.
Part IX of the Bill deals with financial provisions and specifies the sources of funds of this board which includes any fees, fines and charges payable under the Bill. Also under this Part the Board is given powers to borrow money for meeting its obligations or discharging its functions. Further the Board is given the mandate to invest any surplus money.
There are also provisions relating to accounts, audit and annual reports of the activities of the Board.
Part X of the Bill deals with fundraising. It specifies which NGOs can fundraise from the public.
Finally Part XI of the Bill deals with miscellaneous
provisions such as provisions relating to offences and penalties and regulations.
B. No. 19