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Nonprofit Organisations Amendment Act


Published: 2000-06-09

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Nonprofit Organisations Amendment Act [No. 17 of 2000]
GOVERNMENT GAZETTE
STAATSKOERANT
VAN DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Ojice as a Newspaper As ‘n Nuusblad by die Poskantoor Geregistreer
CAPE TOWN, 9 JUNE 2000 VOL. 420 No. 21271
KAAPSTAD, 9 JUNLE 2000
THE PRESIDENCY DIE PRESIDENSIE
No. 596. 9 June 2000 No. 596. 9 Junie 2000
lt is hereby notified that the Acting President has assented to Hierby word bekend gemaak dat die Waarnemende President the following Act which is hereby published for general sy goedkeuring geheg het aan die onderstaande Wet wat hierby information:— ter algemene inligting gepubliseer word:—
No. 17 of 2000: Nonprofit Orgonisations Amendment Act, No. 17 van 2000: Wysigingswet op Organisasies Sender Wins- 2000. oogmerk, 2000.
: NO 21271 GO\’ERNMENT GAZETTE. 9 JUNE 2000 . .
Act h’O. 17,2000 NONPROFIT ORGANISATIONS AhlENDMENT ACT, ‘2000
GENERAL EXPLANATORY NOTE:
[ 1 Words in bold type in square brackets indicate omissions from existinS enactments.
Words underlined with a solid line indicate insertions in exist]ng enactments.
(English text signed by the Acting President.) (Assented to 7 June 2000.)
ACT To amend the Nonprofit Organisations Act, 1997, so as to alter the procedure of preparing and issuing model documents and codes of good practice; and to effect certain textual alterations; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, asfollows:— Amendment of section 6 of Act 71 of 1997
1. Section 6 of the Nonprofit Organisations Act, 1997 (hereinafter referred to as the principal Act), is hereby amended by the deletion of subsection (2). 5
Substitution of section 9 of Act 71 of 1997
2. The following section is hereby substituted for section 9 of the principal Act:
“Panel of Arbitrators and Arbitration Tribunal
9. (1) The Minister must appoint persons so as to maintain a panel of arbitrators consisting of at least seven persons. 10
(2) (a) The Minister must designate one member of the panel of arbitrators to act as chairperson.
(b) If the chairperson is unable to act in this capacity or the post becomes vacant, the Minister may designate any other member of the panel to act as chairperson. 15
(3) Whenever the Minister is required to [nominate] appoint a person to the panel of arbitrators in terms of subsection (1), the Minister must— (a) publish in the Gazette and by any other widely circulated means of
communication, a notice calling for nominees and stating the criteria for nominations; 20
(b) consider all nominations submitted in response to the notice; (c) compile a short-list of nominees and publish it for comment in the
manner contemplated in paragraph (a); and (d) consider any comments received in response to the publication of the
short-list. 25 (4) The terms and conditions of appointment of members of the panel of
arbitrators must be prescribed by the Minister.
4 No. 21271 GOVERNMENT GAZETTE, 9 JUNE 2000
Act NO. 17.2000 NOXPROFIT ORGANISATIC)NS ALIENDMENT ACT, 2000
(5) For Ihe purposes of this Act, an Arbitration Tribunal may be composed of not more than three members of the panel of arbitrators appointed by the chairperson.”.
Amendment of section 24 of Act 71 of 1997
3. Section 24 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (c) of the following paragraph:
“(c) all nonprofit organisations which deregistered voluntarily, have been wound up or dissol\’ed during the previous financial year.”.
Amendment of section 25 of Act 71 of 1997
4. Section 25 of the principal Act is hereby amended by the substitution in subsection (1) for paragraph (a) of the following paragraph:
“(a) the constitution of a nonprofit organisation whose registration has been cancelled, or that has voluntarily deregistered, has been wound up or dissolved; and”.
Amendment of section 34 of Act 71 of 1997
5. Section 34 of the principal Act is hereby amended by the substitution in subsection (2)(c) for the following words preceding subparagraph (i) of the following words:
“[If the authorisation or registration of an] An organisation contemplated in paragraph (a) [would expire] must app1 y to be r~stered in terms of this Act—”.
Short title
6. This Act is called the Nonprofit Onzanisations Amendment Act, 2000.
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