Fund-raising Act, 1978 (Act No. 107 of 1978)Chapter 1 : Collection of Contributions by Fund-raising Organizations, other Organizations and Persons7. Collection of contributions for or on behalf of fund-raising organization, registered branch or holder |
| (1) | Any person who collects contributions for or on behalf of any fund-raising organization, registered branch or holder shall have in his possession a writing setting out the permission granted by that organization, branch or holder to such person so to collect contributions. |
| (2) | Any person who for remuneration collects contributions for or on behalf of any fund-raising organization, registered branch or holder shall have in his possession a writing setting out the special permission granted by that organization, branch or holder to such person so to collect contributions for remuneration. |
| (3) | No fund-raising organization, registered branch or holder shall grant a special permission to any person unless such organization, branch or holder and such person have entered into an agreement for that purpose and unless such agreement has been reduced to writing and a copy thereof has been furnished to the Director. |
| (4) | Any such agreement shall contain the prescribed particulars. |
| (5) | Any person who collects contributions by virtue of a special permission, shall, in one of the official languages of the Republic, inform the person from whom he collects or attempts to collect contributions, as well as any other person who is present thereat, that the collection is for remuneration, and shall, at the request of such person or such other person, immediately and in the prescribed manner furnish the person who makes such request with the prescribed particulars of the agreement referred to in subsection (3). |
| (6) | No person who for remuneration collects contributions for or on behalf of any fund-raising organization, registered branch or holder, shall for the purposes of such collection publish or distribute among the members of the public any advertisement, notice or writing, unless it— |
| (a) | states clearly and in a prominent position that the collection is for remuneration; |
| (b) | states the places at which and the periods during which certified copies of the agreement referred to in section (3) will lie for inspection by the public; |
| (c) | contains the prescribed particulars in respect of the person to whom the special permission has been granted. |
| (7) | A permission or special permission purporting to be a permission for the collection of contributions the collection of which is prohibited under section 29, shall be invalid. |
| (8) | Any person who collects or purports to collect contributions for or on behalf of a fund-raising organization, registered branch or holder shall, at the request of the Director or any person authorized thereto by the Director or the local authority concerned, or of a member of a police force established by law, or of any person from whom he collects contributions, produce the permission or special permission granted by the organization, branch or holder in question. |
(9)
| (a) | The fund-raising organization, registered branch or holder which or who has granted a permission or special permission to any person, may at any time, and shall, if the Director for good reasons so directs, by written notice to such person withdraw such permission or special permission. |
| (b) | A permission or special permission which has been so withdrawn shall within seven days after the withdrawal be returned by the person to whom it was granted to the fund-raising organization, registered branch or holder by which or by whom it was granted. |
| (10) | A permission or special permission shall lapse— |
| (a) | on the expiry of the period for which it was granted or on the expiry of a period of one year reckoned from the date of issue thereof, whichever is the shorter period; |
| (b) | if it is withdrawn in terms of subsection (9); |
| (c) | if the authority or temporary authority granted to the fund-raising organization or holder which or who has granted the permission or special permission, lapses or is withdrawn in terms of this Act; |
| (d) | if the registration certificate of the registered branch which has granted it, lapses or is withdrawn in terms of this Act. |
| (11) | The provisions of this section shall not apply in respect of any person who assists a fund-raising organization, registered branch or holder— |
| (a) | with the collection of contributions on particular premises in connection with any bazaar, sale, competition, entertainment, exhibition or other function on such premises, and which is under the direct control of the person in possession of a permission granted by such organization, branch or holder; |
| (b) | with a street collection or other collection in a public place which is conducted in accordance with the by-laws or directions of the local authority in question or which is under control of any person who is in possession of a permission granted by such organization, branch or holder. |