The NGO Bill, 2015 caters for a right to a fair hearing

May 13, 2015

An article in the New Vision paper portrayed to the eyes of innocent people that the Bill intends to introduce tight rules ahead of 2016 elections.


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By Naturinda Eliab

On the 4th May 2015, an article was published in the great New Vision newspaper of which I have adored for the last 20 years and sentiments of some people who were interviewed, among others opined, that the NGO Bill, 2015 does not cater for a right to a fair hearing which is absolutely not true.

More so, the article portrayed to the eyes of innocent people that the Bill intends to introduce tight rules ahead of 2016 elections.

Be that as it may, I have had the advantage and opportunity of reading the Bill, first, partly and second, wholly and wish to opine (state) that the brevity of government in the process of coming up with the NGO Bill, 2015 was started by the then Hon. Minister of Internal Affairs (Hillary Onek) and this affirms that the Bill is actually long overdue.

I must also observe that, rules for elections are only introduced by the Electoral Commission and any constitutional lawyer knows that such a mandate is not within the confines of the National NGO Board. 

For avoidance of any doubt, the long title of the Bill states “ An Act to repeal and replace the Non-Governmental Organisations Act Cap.113; to provide a conducive and an enabling environment for Non-Governmental Organisations and their mutual partnership with Government; to make provision for the corporate status of the National Board for Non-Governmental Organisations and provide for its capacity to register, regulate, coordinate and monitor Non-Governmental Organisations activities; to provide for the board of directors; to provide for the establishment of regional offices for  the  Non-Governmental Organisations  Board, District Monitoring Committees, Sub County Non-Governmental Organisations Monitoring Committees,  and to establish a fund of the Non-Governmental Organisations; to make provision for special obligations of Non-Governmental Organisations and to provide for other related matters”.

Secondly, on the issue of a right to a fair hearing, the Bill rightly states under Clause 7 (2) that the Board shall before taking any action against an organisation, give an organisation the opportunity to show cause why disciplinary action should not be taken against it.

More so, in case the board takes any decision against the organisation, an appeal provision has been envisaged under Clause 45 and it specifically states, “a person aggrieved by any decision of the Board, may within three months of the date he or she is notified of the decision, appeal to the minister”.

I therefore wish to conclude that we should critically analyse the Bill before being fast to criticise it so that we can find lasting solutions to our own problems.

Furthermore, I am meant to understand that Parliament will also hold dialogues to discuss the NGO Bill and I pray that those with concerns can exhaust such legal procedures.

Otherwise, this is a timely and rare Bill in the history of this country that intends to provide even a fund for NGOs under Clause 27.

The writer is a lawyer
 

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