CONGOMA AND NGORA COMPLETE SOURCING INPUT TO INFORM NGO LAW REGULATIONS

The NGO Regulatory Authority has completed sourcing input from stakeholders, to help in the development of regulations for the just amended NGO Amendment Act (2022).  The process which took place in all the four regions, including Eastern region started with NGORA calling for input from the stakeholders through emails and public papers.

Speaking at the meeting the CEO for NGORA, Mr Voice Mhone emphasized on the need for the stakeholders to be aware of the requirements of the NGO Amendment Act (2022) on them as NGOs.  He also said that the roles of NGORA and CONGOMA are separated in the law as clearly indicated in section 18 and section 24 of the NGO Act 2022. The Act stipulates that NGORA is a regulator and CONGOMA is a coordinator. NGORA is mandated to the following according to the law;

  • Register NGOs — S18(2a)
  • Regulate operations of NGOs — S18(1)
  • Enforce and monitor compliance with the law / laws/ sub-laws — S18(2c)
  • Receive and assess NGO reports — S18(2e)
  • Handle complaints (NGO-NGO; NGO-3rd party) — S18(2h)
  • Sanction non-compliance with laws/sub-laws — S18(2d)
  • Conduct research — S18(2g

CONGOMA is mandated to the following according to the law;

  • Coordinate NGOs — S24(1)
  • Represent and promote NGOs collective interests and concerns — S24(2)
  • Make recommendation with valid reasons for sanctions against an NGO — S23(2)

The Regulations that were being discussed at the meeting included;

  • Registration regulation
  • Coordination regulation
  • Operation of NGOs regulation
  • Complaints handling regulations.

Among other things, the meetings addressed some concerns and made awareness as to what regulations cannot do. It was also emphasized at the meetings that a regulation is a sub-law that is sanctioned in the ruling Act. It is a subsidiary to the act of parliament.  A regulation;

  • Cannot amend an Act of Parliament that gave rise to the Regulation or nullify any provision in that Act
  • Cannot amend any other Act of Parliament on any other subject or nullify any provision therein
  • Cannot amend another Regulation on the same subject/sector or any other subject or sector or nullify any provision therein
  • Cannot contradict any provisions in the Act that gave rise to the Regulation and/or any other written law
  • Cannot contradict another Regulation on the same subject/ sector or nullify any provisions therein.

No act is above the other but rather the same.

The members also raised some concerns towards the draft regulations such as;

  • There is need to indicate transition period between offense and de-registration
  • Approval by designated Ministries is tantamount to infringing on the operations of NGOs, especially when NGOs have multiple sectors of work.
  • NGORA should take care of the registration including going to the appropriate Ministry
  • Individuals should not be subjected to the law but the NGO itself.
  • NGOs should not be de-registered based on non-subscription to NGORA or CONGOMA.
  • The clause of politicking and electioneering should be looked into again.
  • NGORA cannot be the regulator and mediator at the same time. Let there be an independent mediator.

Apart from NGOs, the meetings were also patronized by the District Councils. They emphasized on drawing a line between active and inactive NGOs in their areas. The District Councils pointed out the lack of interest in some NGOs especially the International NGOs on signing MOUs with them. They said this was derailing the purpose of their existence in the councils.

They also requested that the role of the district councils be clearly defined in the regulations and that  MOUs should become a regulation.

CSOs were also differentiated from the NGOs at the meetings where they pointed out that NGORA and CONGOMA are only responsible for the NGOs and not CSOs.

The final draft of the regulations will be sent to the parliament

 

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