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

Chapter 5 General Provisions

29. Offences and contraventions

[Section 29 Heading substituted by section 17(a) of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]

 

1) It is an offence to cause a non-profit organisation, when it is being wound up or dissolved, to transfer its remaining assets otherwise than in the manner contemplated in section 12(2)(o).

 

2) It is an offence for persons, bodies or organisations--
a) to represent themselves as being validly registered in terms of this Act unless they are so registered;
b) to make use of a registration number, a registration certificate or any information contained in the registration certificate if they have not been registered in terms of this Act; or
c) to make material false representations in any document or a narrative, financial or other report submitted to the director.

 

3) In any criminal proceedings in respect of an offence created in terms of this Act--
a) a certified copy of the registration certificate or extract of the register is admissible evidence and, in the absence of evidence to the contrary, is sufficient proof that an organisation is registered or has been registered, as the case may be; and
b) an affidavit from the director stating that an organisation has not been registered in terms of this Act, is sufficient proof of this fact in the absence of evidence to the contrary.

 

(4) The following contraventions of this Act by a nonprofit organisation are subject to a prescribed administrative sanction:
(a) a registered nonprofit organisation that fails to perform any duty imposed or comply with a requirement in terms of section 12 or 18(1)(bA); and
(b) a nonprofit organisation that is required to register in terms of section 12(1)(b) but fails to do so.

[Section 29(4) inserted by section 17(b) of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act, 2022 (Act No. 22 of 2022), GG47802, dated 29 December 2022 - effective 1 April 2023 per Proclamation Notice 109(b)(i), GG47805, dated 31 December 2022]