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

Chapter 5 General Provisions

34. Transitional Arrangements

 

 

1) For the purposes of this section, every function to be carried out by the Director of Fund-raising in terms of the Fund-raising Act, 1978 (Act No. 107 of 1978), must be carried out by the director.

 

2)
a) Subject to paragraphs (b), (c) and (d), any fund-raising organisation, branch of a fund-raising organisation or any other organisation, duly authorised or registered in terms of section 4, 5 or 6 of the Fund-raising Act, 1978, must be regarded as having been registered as a non-profit organisation in terms of this Act and the director must enter the name of the organisation in the register as soon as practicable after this Act takes effect.
b) In order to maintain its registration, an organisation contemplated in paragraph (a) must apply to be registered in terms of this Act--
i) within two years alter this Act takes effect, subject to paragraphs (c) and (d); and
ii) in accordance with the procedure contemplated in sections 13, 14 and 15.
c) An organisation contemplated in paragraph (a) must apply to be registered in terms of this Act--
i) within two months alter this Act takes effect, if the authorisation or registration of the organisation would expire within two months after this Act takes effect; or
ii) no later than two months before its authorisation or registration expires, if the authorisation or registration would expire within two years after this Act takes effect.
d) If an application contemplated in paragraph (c) is not made timeously, the director must notify the organisation in writing of this fact and inform the organisation that it has two months from the date of the notice to submit its application to be registered.
e) If the organisation does not submit its application within this period, the organisation’s registration lapses and the director must--
i) cancel the organisation’s certificate of registration and its registration by amending the register; and
ii) notify the organisation in writing--
aa) of the cancellation and the reasons therefor, and
bb) of the date on which the amendment in question was made to the register.

 

3) If an authorised or registered fund-raising organisation, branch of a fund-raising organisation or any other organisation contemplated in subsection (2)(a) fails to comply with the terms and conditions of its authorisation or registration, the procedures contemplated in sections 20, 21 and 22 of this Act apply.

 

4)
a) Any pending application for authorisation or registration made in terms of section 4, 5 or 6 of the Fund-raising Act, 1978, must be dealt with by the director in accordance with the procedure contemplated in sections 13, 14 and 15 of this Act.
b) Any pending application to amend any authorisation or registration made in terms of section 8 of the Fund-raising Act, 1978, must be dealt with by the director in accordance with the procedure contemplated in that section despite its repeal but for all other purposes must be regarded as having been made in terms of this Act.
c) Any pending application to withdraw any authorisation or registration made in terms of section 8 of the Fund-raising Act, 1978, must be dealt with by the director in accordance with the procedure contemplated in section 23 of this Act.
d) Any pending appeal instituted in terms of section 10 of the Fund-raising Act, 1978, may be continued to its conclusion in terms of that section despite its repeal but for all other purposes must be regarded as having been instituted in terms of this Act.
e) Any pending investigation into the affairs of an authorised or registered fund-raising organisation conducted in terms of section 30 of the Fund-raising Act, 1978, may be continued to its conclusion in terms of that section despite its repeal but for all other purposes must be regarded as having been conducted in terms of this Act.
f) Any pending criminal proceedings instituted in terms of section 34 of the Fund-raising Act, 1978, may be continued to their conclusion in terms of that section despite its repeal but for all other purposes must be regarded as having been instituted in terms of this Act.

 

5) Except as otherwise provided in this section, anything done under any provision repealed by this Act must be regarded as having been done under the corresponding provision of this Act and continues to have force and effect--
a) except if it is inconsistent with this Act; or
b) until it is set aside or repealed.