December 2018
Presentation : Analysis of The Tanzania New NGOs Regulations of 2018 (amendments )
source : WATETEZI TV
Habari ya ziada :
Mtandao wa Watetezi wa Haki za Binadamu nchini (THRDC) kwa kushirikiana na Asasi nyingine za kiraia nchini wameitaka serikali kurekebisha baadhi ya kanuni za sheria ya mashirika yasiyo ya serikali iliyofanyiwa marekebisho mwaka huu.
Akizungumzana waandishi wa habari jana Jumatatu Desemba 10, jijini Dar es Salaam, Mratibu wa Kitaifa wa THRDC, Onesmo Olengurumwa, amesema katika marekebisho hayo kuna vipengele ambavyo vitazibana taasisi zisizo za Serikali (NGO’s) na kuzifanya kushindwa kufanya kazi zake kwa asilimia 100.
Amezitaja baadhi ya kanuni zilizofanyiwa marekebisho ambazo alieleza kuwa ni changamoto kwao ni pamoja na utoaji wa taarifa za fedha na ripoti ambayo yanaweza kudhoofisha uwezo wa mashirika yasiyo ya serikali kufadhili shughuli zao.
“Mahitaji makubwa ya kutoa taarifa za kifedha na utoaji wa ripoti ambayo yanaweza kudhoofisha mashirika kufadhili pia kuingilia shughuli za ndani za mashirika vitendo vya kuingilia haki za mashirika kufanya kazi kwa uhuru.
“Kanuni hizo zitakuwa na ukiukwaji mkubwa wa haki za faragha ya mashirika vitendo vinavyoingilia haki ya mashirika kufanya kazi kwa uhuru,” amesema Olengurumwa.
Naye mwakilishikutoka Taasisi ya Kutetea Demokrasia na Utawala bora yenye kituo chake Mwanza, Jimmy Luhende, amesema ni vyema Serikali ikawasikiliza na kuona umuhimu wamarekebisho ya baadhi ya vifungu vya sheria na kanuni hizo kwa kuwa zinawafunga midomo hata kuikosoa pale itakapokuwa imekosea.
Soma kwa urefu Source : Azaki zatishia kuishtaki serikali
More info :
Breakthrough Attorneys
breakthroughattorneys.com/non-governmental-organizations-regulations-2018/
November 7, 2018
On 29th October, 2018, the Ministry of Health, Community Development, Gender, Elderly and Children issued the Non-Governmental Organisations Act (Amendments) Regulations, 2018 (hereinafter referred to as “the Non-Governmental Organizations (Amendments) Regulations, 2018”) through Government Notice No. 609 published on 09th October, 2018.
The Non-Governmental Organizations (Amendments) Regulations, 2018 have introduced new provisions which are to be read together and in alignment with the Principal Regulations (The Non-Governmental Organizations Regulations, 2004) with regard to financial transparency and accountability. This brief will highlight the new provisions and the impact they may bring to Non-Governmental Organizations (hereinafter referred to as “NGOs”) operating in Tanzania.
2.0. Summation of the provisions of the Non-Governmental Organizations Act (Amendments) Regulations, 2018
2.1. Disclosure of issues related to fundraising activities(Regulation 12 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
NGOs are required to disclose to the Public, Registrar of NGOs and all other stakeholders regarding sources, expenditure, purpose and activities of resources obtained from fundraising activities. The disclosure has to be made within fourteen (14) days after completion of the fundraising activities.
2.2. Requirement of disclosure of amounts fundraised in excess of Tanzania Shillings Twenty Million (Tshs. 20,000,000/=) (Regulation 13 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Where an NGO obtains funds that exceed Tanzania Shillings Twenty Million (Tshs. 20,000,000/=), it is required to:-
2.3. Financial accountability and transparency (Regulation 14 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Generally, Regulation 14 provides for the manner that NGOs need to operate to make sure that there is financial accountability and transparency. NGOs are required to set up proper financial management and accountability process to provide assurance that finances are well managed, as well as procurement processes, asset management.
Likewise, the Regulation seeks to ensure that NGOs do develop programs which are geared to strengthen the institutional framework and its sustainability.
What has been keenly observed is the introduction of measures to combat Money Laundering and Corruption. The government seems ardent to ensure that NGOs are not used as money laundering schemes or corruption fronts. In this aspect, Regulation 14(n) is very clear with regards to what the government expects of NGOs. It states;-
“Each NGO shall be obliged to……
(n) exercise zero tolerance on corruption, money laundering and other forms of substantive misuse of funds, and take effective actions to hold persons or institutions responsible accountable”.
2.4. General obligations of NGOs (Regulation 15 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Each NGO shall be accountable to the people it serves; not to enter into contracts which undermines sovereignty of the state and rights of the people; and always work in accordance with the laws of Tanzania.
3.0. Final thoughts and conclusion
The Non-Governmental Organizations (Amendments) Regulations, 2018 will undoubtedly have positive impact to NGOs in Tanzania.
NGOs will need to introduce new policy or adjust the existing policies within their Organisation to make sure that there is a high level of disclosure and transparency of their accounts. One may raise a question that; what exactly information would be needed to achieve appropriate level of financial transparency and accountability? While the answer may be a bit wanting, it still remains a duty of NGOs to make sure that all relevant accounting information are fully and freely available to all stakeholders and public in general.
NGOs that are yet to be registered in Tanzania may need to familiarize themselves with the Non-Governmental Organizations (Amendments) Regulations, 2018 in order to adjust and fit in with the same. For further reference on NGOs especially International Non-Governmental Organizations (INGOs) please have a look at our article .
Source : Breakthrough Attorneys - Tanzania Non-Governmental Organizations Regulations, 2018
Presentation : Analysis of The Tanzania New NGOs Regulations of 2018 (amendments )
source : WATETEZI TV
Habari ya ziada :
Mtandao wa Watetezi wa Haki za Binadamu nchini (THRDC) kwa kushirikiana na Asasi nyingine za kiraia nchini wameitaka serikali kurekebisha baadhi ya kanuni za sheria ya mashirika yasiyo ya serikali iliyofanyiwa marekebisho mwaka huu.
Akizungumzana waandishi wa habari jana Jumatatu Desemba 10, jijini Dar es Salaam, Mratibu wa Kitaifa wa THRDC, Onesmo Olengurumwa, amesema katika marekebisho hayo kuna vipengele ambavyo vitazibana taasisi zisizo za Serikali (NGO’s) na kuzifanya kushindwa kufanya kazi zake kwa asilimia 100.
Amezitaja baadhi ya kanuni zilizofanyiwa marekebisho ambazo alieleza kuwa ni changamoto kwao ni pamoja na utoaji wa taarifa za fedha na ripoti ambayo yanaweza kudhoofisha uwezo wa mashirika yasiyo ya serikali kufadhili shughuli zao.
“Mahitaji makubwa ya kutoa taarifa za kifedha na utoaji wa ripoti ambayo yanaweza kudhoofisha mashirika kufadhili pia kuingilia shughuli za ndani za mashirika vitendo vya kuingilia haki za mashirika kufanya kazi kwa uhuru.
“Kanuni hizo zitakuwa na ukiukwaji mkubwa wa haki za faragha ya mashirika vitendo vinavyoingilia haki ya mashirika kufanya kazi kwa uhuru,” amesema Olengurumwa.
Naye mwakilishikutoka Taasisi ya Kutetea Demokrasia na Utawala bora yenye kituo chake Mwanza, Jimmy Luhende, amesema ni vyema Serikali ikawasikiliza na kuona umuhimu wamarekebisho ya baadhi ya vifungu vya sheria na kanuni hizo kwa kuwa zinawafunga midomo hata kuikosoa pale itakapokuwa imekosea.
Soma kwa urefu Source : Azaki zatishia kuishtaki serikali
More info :
Breakthrough Attorneys
November 7, 2018
- Brief of the new legal requirements for Non-Governmental Organizations (NGOs) in Tanzania
- Summation of the provisions of the Non-Governmental Organizations Act (Amendments) Regulations, 2018.
- Money Laundering and Anti-Corruption compliance measures are introduced
- How International NGOs in Tanzania need to adapt to the current legal changes
- Final thoughts and conclusion.
On 29th October, 2018, the Ministry of Health, Community Development, Gender, Elderly and Children issued the Non-Governmental Organisations Act (Amendments) Regulations, 2018 (hereinafter referred to as “the Non-Governmental Organizations (Amendments) Regulations, 2018”) through Government Notice No. 609 published on 09th October, 2018.
The Non-Governmental Organizations (Amendments) Regulations, 2018 have introduced new provisions which are to be read together and in alignment with the Principal Regulations (The Non-Governmental Organizations Regulations, 2004) with regard to financial transparency and accountability. This brief will highlight the new provisions and the impact they may bring to Non-Governmental Organizations (hereinafter referred to as “NGOs”) operating in Tanzania.
2.0. Summation of the provisions of the Non-Governmental Organizations Act (Amendments) Regulations, 2018
2.1. Disclosure of issues related to fundraising activities(Regulation 12 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
NGOs are required to disclose to the Public, Registrar of NGOs and all other stakeholders regarding sources, expenditure, purpose and activities of resources obtained from fundraising activities. The disclosure has to be made within fourteen (14) days after completion of the fundraising activities.
2.2. Requirement of disclosure of amounts fundraised in excess of Tanzania Shillings Twenty Million (Tshs. 20,000,000/=) (Regulation 13 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Where an NGO obtains funds that exceed Tanzania Shillings Twenty Million (Tshs. 20,000,000/=), it is required to:-
- publish bi-annually fund reports together with its expenditure in a media that can be easily accessed by targeted beneficiaries;
- to submit to the treasury and Registrar of NGOs contracts entered with the person who grant the said fund;
- to declare to the Registrar of NGOs any other resource received in cash or kind before its expenditure.
2.3. Financial accountability and transparency (Regulation 14 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Generally, Regulation 14 provides for the manner that NGOs need to operate to make sure that there is financial accountability and transparency. NGOs are required to set up proper financial management and accountability process to provide assurance that finances are well managed, as well as procurement processes, asset management.
Likewise, the Regulation seeks to ensure that NGOs do develop programs which are geared to strengthen the institutional framework and its sustainability.
What has been keenly observed is the introduction of measures to combat Money Laundering and Corruption. The government seems ardent to ensure that NGOs are not used as money laundering schemes or corruption fronts. In this aspect, Regulation 14(n) is very clear with regards to what the government expects of NGOs. It states;-
“Each NGO shall be obliged to……
(n) exercise zero tolerance on corruption, money laundering and other forms of substantive misuse of funds, and take effective actions to hold persons or institutions responsible accountable”.
2.4. General obligations of NGOs (Regulation 15 of the Non-Governmental Organizations (Amendments) Regulations, 2018)
Each NGO shall be accountable to the people it serves; not to enter into contracts which undermines sovereignty of the state and rights of the people; and always work in accordance with the laws of Tanzania.
3.0. Final thoughts and conclusion
The Non-Governmental Organizations (Amendments) Regulations, 2018 will undoubtedly have positive impact to NGOs in Tanzania.
NGOs will need to introduce new policy or adjust the existing policies within their Organisation to make sure that there is a high level of disclosure and transparency of their accounts. One may raise a question that; what exactly information would be needed to achieve appropriate level of financial transparency and accountability? While the answer may be a bit wanting, it still remains a duty of NGOs to make sure that all relevant accounting information are fully and freely available to all stakeholders and public in general.
NGOs that are yet to be registered in Tanzania may need to familiarize themselves with the Non-Governmental Organizations (Amendments) Regulations, 2018 in order to adjust and fit in with the same. For further reference on NGOs especially International Non-Governmental Organizations (INGOs) please have a look at our article .
Source : Breakthrough Attorneys - Tanzania Non-Governmental Organizations Regulations, 2018
