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

Regulations under the Non-Profit Organisations Act

Chapter 2. Appeals against decision not to Register or to Cancel Registration

 

 

Definitions

 

2. In this chapter, unless the context indicates otherwise--

 

"consider the appeal" means considering all documents and representations received, making the decision, and submitting a written notice to the parties to the appeal, stating the decision and the reasons for the decision.

 

Objective of this Chapter

 

3. The objective of this chapter is to specify the procedure in terms of which appeals may be submitted and considered.

 

Procedure for Noting and Considering an Appeal

 

4.
1) When submitting the notice of appeal as contemplated in sections 14(1) and 22(1) of the Act, the non-profit organisation--
a) must state the grounds on which the appeal is based; and
b) may request that the appeal be considered by a person from the panel of arbitrators with particular expertise or by more than one person from the panel, in which case the reasons for such request must be specified.

 

2) Within two weeks after receipt of all the documents relevant to noting the appeal, the Directorate for Non-profit Organisations--
a) must submit the document to the chairperson of the panel of arbitrators; and
b) may--
i) request that the appeal be considered by a person from the panel of arbitrators with particular expertise or by more than one person from the panel, in which case the reasons for such request must be specified; or
ii) comment on the request made in terms of subregulation (1)(b).

 

3) Upon receipt of the documents referred to in subregulation (2), the chairperson must appoint a presiding officer(s) to constitute the Arbitration Tribunal from among those members of the panel of arbitrators who are available and able to consider the appeal. In making the appointment, the chairperson is not obliged to accede to the request of either party made in terms of subregulation (2). However, in the event that more than one person is appointed to constitute the Arbitration Tribunal, the chairperson must designate one of them as the convening presiding officer.

 

4) Upon being appointed, the presiding officer or convening presiding officer, as the case may be, must send a written notice to the non-profit organisation and the Directorate for Non-profit Organisations. The written notice must specify--
a) the date by which written submissions may be made and on which oral representations may be made by the parties to the appeal. This date must be--
i) no later than two weeks before the expiry of the time period contemplated in sections 14(2) and 22(2) of the Act; and
ii) at least one month after sending the written notice;
b) the time and venue at which oral representations will be heard; and
c) the person to whom or place at which written representations must be submitted.

 

5) Subject to subregulation (6), the parties to the appeal are not obliged to make oral representations or submit written representations.

 

6) lf the non-profit organisation fails to appear in person or through a representative to make oral representations, or fails to submit written representations on the date contemplated in sub-regulation (4)(a), the presiding officer or convening presiding officer, as the case may be, may dismiss the appeal or may make any other appropriate order.

 

7) The Arbitration Tribunal, on good cause shown, may excuse any party from compliance with any procedure specified in this regulation and may give appropriate directions on matters of good practise and procedure that it considers just and expedient.

 

8) Subject to the Act and this regulation, the chairperson of the panel of arbitrators may determine supplementary rules for the proper noting and considering of appeals.

 

Costs

 

5. The Arbitration Tribunal may make an order for costs if a party to the appeal, or person who represented that party in the appeal,--
a) acted in a frivolous, vexatious or unreasonable manner--
i) by proceeding with or opposing the appeal; or
ii) in conducting the appeal; or
b) without good cause, fails to attend or remain in attendance during the receipt of oral representations.