De-registration of NGOs In Tanzania: What really happened?

A couple of weeks ago, Tanzania has seen the de-registration of a staggering 4,898 Non-Governmental Organizations (NGOs). This unprecedented move has left many questioning what might have gone wrong and what the future holds for civil society in the country.

As the saying goes, “the devil is in the details.” And when it comes to the recent de-registration of 4,898 NGOs in Tanzania, the devilish details are crucial to understanding what went wrong. While the decision to revoke these organizations’ certificates of registration may seem sudden and unexpected, a closer look at the situation reveals a series of troubling red flags that have been building for years. In this article, we will dive deep into the reasons behind the de-registration, exploring the complex web of legal factors that led to this mass exodus of NGOs from Tanzania’s civil society.

In our experience with NGOs, many of them fail to comply with mandatory requirements such as filing their annual reports and financial reports, which are required by section 29(1)(a) and (b) of the Non-Governmental Organizations, Act, 2002 (as amended) (“the Act”). Also, NGOs are required to prepare a report of their activities and make it available to the public, the Council, the Board, and other stakeholders. Additionally, NGOs are required to prepare an annual audited report and submit copies to the National Council for Non-Governmental Organizations and the Non-Governmental Organizations Coordination Board. Further, regulation 20 of the Non-Governmental Organizations (Amendment) Regulations, 2019, GN No. 685 of 2019, imposes mandatory obligations on all NGOs to submit quarterly activity reports of all activities carried out by the NGO in the particular quarter. Regulation 21 also imposes an obligation for NGOs to submit their funding contracts to the Registrar of NGOs for approval.

Whether or not the notice for cancellation was properly issued prior to de-registration depends on the feedback from each NGO. Section 24 of the Act, as amended by Act No. 11 of 2005, provides that if an NGO fails to file an annual report for two consecutive years without reasonable cause, the Board may assume that the NGO has ceased to exist and issue a notice in writing to the NGO’s office bearers requiring them to submit proof of the NGO’s existence to the Board within 60 days. This provision serves as a reminder to NGOs of their responsibility to comply with reporting requirements, and the potential consequences of failing to do so.

Another important provision to consider is Section 17 of the Act, as amended, which requires all NGOs to renew their registration certificates every ten years. To be eligible for renewal, the NGO must demonstrate compliance with all relevant laws and regulations since its initial registration. This underscores the importance of maintaining compliance to ensure the survival of the organization. Furthermore, the renewal application must be submitted at least six months before the expiration of the current registration. Section 32 of the Act No. 09 of 2019 introduced a new provision, section 8A, which outlines a different type of de-registration. This section states that if an NGO registered under the Act does not meet the definition of a Non-Governmental Organization as per section 2, it will be considered de-registered after two months from the date of the section’s implementation. The amendment Act, specifically section 2, redefined NGOs to include Community Based Organizations (CBOs) – voluntary groups that operate for the betterment of the community or public, without political or profit-oriented motives.

Regarding the procedure for cancellation and remedies available, section 20(1) of the Act provides that the Board may suspend or cancel a certificate of registration if it is satisfied that the terms or conditions prescribed in the certificate have been violated, the NGO has ceased to exist, the NGO operates in variance to its constitution, or the Council has submitted a recommendation for its suspension or cancellation to the Board. Section 20(2) provides that where the certificate of registration has been suspended or cancelled, the Board shall direct the Registrar to notify the relevant NGO, order the NGO to stop its operations, or remove the name of the NGO from the register. Section 21(1) provides that if the holder of a certificate is in default of the terms and conditions in respect of which a certificate was issued or is in violation of section 20, the Registrar may serve on the holder a default notice in writing specifying the nature of the default and directing the holder to remedy the default within a specified period of time. Failure to remedy the default within the specified period of time may result in the suspension or cancellation of the certificate.

It is important for NGOs to comply with the laws and regulations governing their operations to avoid being deregistered or facing other penalties. NGOs should ensure that they file their annual reports and financial reports, submit quarterly activity reports, and obtain approval for funding contracts as required by law. In case of any default, NGOs should take immediate action to remedy the situation and avoid suspension or cancellation of their certificate of registration.

The government, on its part, must ensure transparency and fairness in the de-registration process, as well as provide guidance and support to NGOs to help them comply with the law. Ultimately, it is in the interest of all parties to work together towards a thriving civil society in Tanzania, which can contribute to sustainable development and social progress in the country.