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Non-Profit Organisations Act, 1997 (Act No. 71 of 1997)

Regulations

Regulations in Respect of Amendments to the Nonprofit Organisation Act, 1997 as contained in the General Laws Amendment Act, 2022 (Act No. 22 of 2022)

3. Powers of Directorate

 

The Directorate must—

 

(1) for purposes of section 25A(9) of the Act, establish and maintain a register of persons who are disqualified from serving as office-bearers in terms of an order of a court pursuant to the Act or any other law;

 

(2) allow any person to inspect the register referred to in subregulation (1), at the office of the Director of Nonprofit Organisations between the hours of 08:30 and 12:00, and 13:30 and 15:30, from Monday to Friday.

 

(3) ensure that the register referred to in subregulation (1), includes, to the extent that the information is available to the Directorate, the following details regarding the persons listed therein:
(a) full forenames and surname;
(b) thirteen digit identity number in the case of a South African, or passport number and date of birth in the case of a foreign national;
(c) case number of the court proceedings pursuant to which the person became disqualified;
(d) date on which the court order resulting in disqualification takes effect;
(e) date on which the disqualification expires; and
(f) reason for disqualification.

 

(4) within (30) days after a court order is granted the consequence of which is that an office-bearer of an NPO becomes disqualified to serve as an office-bearer, compel the nonprofit organisation to provide the information listed in subregulation (3) to the director in writing, in relation to that person.

 

(5) ensure that upon the expiry of any period of disqualification, the person concerned, notifies the director in writing, with supporting information and documentation, of the expiry of the person’s period of disqualification;

 

(6) ensure that within (30) days of receipt of the information and documentation referred to in subregulation (5), the director removes the person’s forenames and details from the public register of a person disqualified from serving as an office-bearer, unless it is established that the period of disqualification has not expired.