NON-GOVERNMENTAL ORGANIZATIONS

CHAPTER 5:05
NON-GOVERNMENTAL ORGANIZATIONS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

    3.    Objects of the Act

    4.    Application of the Act

    5.    Exempt organizations

PART II
ESTABLISHMENT OF THE NON-GOVERNMENTAL ORGANIZATIONS REGULATORY AUTHORITY

    6.    Establishment of the Authority

    7.    Composition of the Authority

    8.    Disqualification from appointment to the Authority

    9.    Removal of members

    10.    Tenure of office

    11.    Filling of vacancies

    12.    Invited persons

    13.    Allowances, etc., of members

    14.    Chairman and Vice-Chairman

PART III
MEETINGS OF THE AUTHORITY

    15.    Meetings of the Authority

    16.    Establishment of committees

    17.    Disclosure of interest

PART IV
DUTIES, FUNCTIONS AND THE POWERS OF THE AUTHORITY

    18.    Duties and functions of the Authority

PART V
MANAGEMENT OF THE AUTHORITY

    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 COORDINATING BODY

    24.    Designation of body

    25.    

PART VIII

    26.    

PART IX
FINANCIAL PROVISIONS

    27.    Funding of the Authority

    28.    Borrowing powers

    29.    Investment of surplus money

    30.    Financial year

    31.    Accounts and audit

    32.    Annual report

PART X
FUNDRAISING

    33.    Fundraising by registered NGOs

PART XI
MISCELLANEOUS PROVISIONS

    34.    Offence and penalty

    35.    Regulations

    36.    Savings

6 of 2001
19 of 2022
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 Regulatory Authority and the right of the public to access information with respect to registered organizations and to provide for matters incidental thereto or connected therewith

PART I
PRELIMINARY

1.    Short title

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

19 of 2022

2.    Interpretation

    In this Act, unless the content otherwise requires—

19 of 2022

    “Authority” means the Non-Governmental Organizations Regulatory Authority established under section 6;

19 of 2022

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

19 of 2022

    “NGO” means an 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;

    (…