UPDATE ON NGO ACT AMENDMENT AND NGO FEES HIKE

Greetings from CONGOMA Chairperson who has instructed the undersigned to update you
members!

To begin with, reference is made to previous communications and press releases on the
subject matters. As you are aware, NGO Board through Ministry of Gender promulgated Fees
Regulations in 2017 which had an effect of raising the fees levels that NGOs pay to the Board.
At the same time, Government pushed an amendment Bill 2018 to the NGO Act 2000. In both occasions, CONGOMA protested officially and through the media. For example, on the Fees issue, CONGOMA among other actions:

  •  Officially wrote the Minister of Gender protesting the fees hike
  •  Engaged NGOs in Regional Meetings who in turn recommended litigation, dialogue,
    engagement of key partners among many
  •  Went into Dialogue with Government that led to suspension of fees for the lowest
    category only, to which CONGOMA disagreed in favour of a wholesale reduction of
    fees
  •  Obtained Court injunction against fees hike in mid 2018. The injunction still stands
    with Judgment on its lifting or not, yet to be delivered by High Court in Zomba

As regards the NGO Act amendment Bill 2018, CONGOMA;

  • Together with CHRR held a strategy meeting with selected CSOs in Lilongwe in
    November 2018
  • Engaged the then Minister of Gender on the concerns on the amendments
    Officially wrote the Minister of Gender on concerns over the amendment
    Obtained a legal opinion on the proposed amendments
    Petitioned Parliament through the Speaker
  • Engaged legal Affairs Committee, Committee responsible for Social development and
    Committee responsible for International relations in Parliament
  •  Engaged Committee Chairpersons of all Parliamentary Committees

Members, you may wish to note that there is an injunction on the NGO Act amendment Bill
which was obtained by CHRR in party with other CSOs. You may also wish to know that
Trustees of CONGOMA and the Governing Council have discussed these issues a number of
times in order to find lasting solutions. As you are aware new fees have continued to be paid
and the amendment to the Act continues to haunt us as it can still come back for debate in
Parliament sooner or later. Consequently, CONGOMA Trustees and Governing Council alike
have concurred on the pursuit of NGO Fees hike and NGO Act amendment Bill 2018 issues
through Dialogue with Government. As observed above, judgment on the injunction lifting on
fees hike has delayed and it was resolved we need to push other buttons which have the
potential to resolve the impasse.

With the foregoing, several meetings have taken place in confidence between CONGOMA,
NGO Board CEO and the Ministry of Gender to the point that Government agreed to go for
Dialogue on the issues. Subsequently, as you may be aware, issues were isolated on the two
subjects as requested by Ministry of Gender which will form the basis of the dialogue. Please
refer to the attached summary for your reflection and submission of input.

Further to the above developments, Government through Ministry of Gender has written
CONGOMA requesting CONGOMA to advise on its Dialogue team on the subject and propose
a date for commencement of Dialogue between 28 October and 1st November 2019. As a
result CONGOMA Chairperson and Secretariat are in the process of constituting this team to
match the diversity of the eight member Government team. The member NGOs shall be kept
abreast on the plausible composition and possible dates for commencement of Dialogue.
Finally but not least, CONGOMA would like to appeal to members for the following:

  •  Remain united and respond to communication in time
  •  Provide concise input on the subjects for Dialogue. I know you have a vast worth of
    knowledge and material that can make a difference during Dialogue
  •  Provide moral and financial support to the team because the process can be long
  •  Should there be need (which is likely) to consult you trough meetings, please avail
    yourselves for such meetings

Please note that it has been advised that much as the issues are in Court, dialogue can still
take place without prejudice to the Court outcome and that if the Dialogue achieves
agreement, the Court may promulgate Consent Judgments.

I look forward to your participation.

Sincerely

Signed
Ronald Mtonga
EXECUTIVE DIRECTOR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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