MALAWI:   NON-GOVERNMENTAL ORGANISATIONS BILL, 2000                                                     MALAWI SDNP
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20. - (1) Every NGO established or operating in Malawi which is recognised as a legal person under the laws of Malawi, except the exempt organisations, shall register with the Board: 
Provided that an NGO existing at the time of coming into force of this Act shall be required to register within a period of twelve months from coming into force of this Act. 

(2) No NGO shall be registered under this Act unless a minimum of two of its directors or trustees, as the case may be, are citizens of Malawi. 

3. a) An application for registration shall be in a prescribed form and 
accompanied by - 

i) a certified copy of the constitution of the NGO; and 

ii) such registration fees as may be prescribed by the Board from time to time. 

iii) a plan of the activities which the NGO intends to undertake 

iv) approval from the Ministry responsible for the activities to be undertaken by the NGO in the form of a memorandum of understanding or any other agreement between the Ministry  and the NGO; 

v) proof that the NGO is a member of CONGOMA 

vi) a statement that the NGO shall not engage in partisan politics including electioneering and politicking; and 

vii) the source of funding for the NGO 

b) The form shall contain the following particulars of the NGO concerned - 

(i) name of the NGO 
(ii) physical and postal address 
(iii) telephone, facsimile and telex numbers where applicable 
(iv) the full names, addresses, occupations and nationalities of all Trustees, Directors and other executive Board members 

(v) the name and address of the NGO's auditors, who are acceptable to the Board; 

(vi) the latest available audited annual financial statements and annual report, in respect of existing NGOs. 

(4). a) The Board shall accept or reject an application within a period of ninety days from the date of the application was received by the Board or the date on which the applicant provides the information sought by the Board if that date is later. 

b) Where the Board rejects an application for registration by an NGO, the Board shall furnish in writing to the NGO concerned its reasons. 

Certificate of Registration  
21. (1) The Board shall issue a certificate of registration to every NGO 
registered under the Act. 
(2) A certificate of registration shall constitute proof that the NGO concerned 

a) is a body corporate and separate from its members, with perpetual succession; 

b) can engage in public interest activities and public fund-raising throughout Malawi; 

c) is eligible for such fiscal or other benefits and privileges, as may be applicable to registered NGOs from time to time. 

22. (1) Every registered NGO shall file with the Registrar's office the following documents and information which shall be part of the Registry accessible to the public under section 18 (2) (d) - 
a) on an annual basis, and by such date as may be prescribed - 

(i) its audited annual financial statements 

(ii) its annual report outilining the activities undertaken by the NGO in the year and such other information as may be prescribed; 

(iii) an annual return reflecting details of its trustees, directors, office bearers, auditors and such other information as may be prescribed; 

(iv) its source of funding 

b) in the event of any amendment to its constitution or government instrument, a certified copy of such amendment, within sixty days of such amendment being adopted; and 

c) any such further documentation or information regarding the officers and activities of a registered NGO which the Board may require. 

Cancellation or Suspension of Registration 
23. - (1) The Board may order the Registrar to cancel or suspend the registration of an NGO if it is satisfied that the NGO - 

a) has ceased to exist or function for the purposes for which it was constituted; or 

b) has failed or refused to comply with the provisions of this Act. 

c) has been engaged in partisan politics including electioneering and politicking
(2) The NGO co-ordinating body may, where it has good and valid reasons, make recommendations to the Board for cancellation or suspension of the registration of an NGO. 

(3) An order cancelling or suspending the registration of an NGO under subsection (1) shall be issued, unless; 

a) the NGO concerned has been given at least thirty days prior written notice, sent to its last known address; of the Board's intention to impose such sanction; and 

b) the NGO has been an opportunity to be heard either verbally or in writing as the Board may determine. 

(4) Any NGO aggrieved by a decision of the Board made under this section may apply to the High Court for judicial review. 

B. No. 19
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