Fund-raising Act, 1978 (Act No. 107 of 1978)

Chapter 1 : Collection of Contributions by Fund-raising Organizations, other Organizations and Persons

8. Amendment or withdrawal of authority or temporary authority
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(1) The Director may at any time amend an authority or temporary authority in order to correct any error therein and may, at the request of the organization or person to whom an authority or temporary authority has been granted, amend, replace or withdraw any condition therein or add any condition thereto and may, upon completion of an investigation conducted in the prescribed manner, in his discretion and for any reason other than the afore-mentioned reasons, amend such authority or temporary authority or may replace such authority or temporary authority with a new authority or temporary authority.

 

(2) If any organization or person to which or to whom an authority or temporary authority has been granted, refuses or fails at the written request of the Director to return such authority or temporary authority to the Director within a period of fourteen days after such a request, for amendment thereof as contemplated by subsection (1), the Director may, without notice, withdraw such authority or temporary authority.

 

(3) The Director may at the request of the organization or person to which or to whom an authority or temporary authority has been granted, withdraw such authority or temporary authority and may, after an enquiry in the prescribed manner, withdraw such authority or temporary authority, if he is satisfied that—
(a) such organization or person has refused or failed to comply with any provision or condition of such authority or temporary authority or with any direction, request or demand of the Director or an inspector given or addressed or made to him in terms of this Act, or to submit to the Director any prescribed return or statement within the prescribed period or has contravened the provisions of section 11;
(b) such organization or person has wilfully made a false or misleading statement or furnished false or misleading information in or in connection with any application in terms of this Act or a return or statement which he has to furnish or submit in terms of this Act;
(c) such organization or person or a person to whom the said organization or person has granted a permission or special permission in terms of this Act, has acted in contravention of a provision of this Act or has failed to comply with such a provision;
(d) such organization has amended its constitution in contravention of a provision of this Act, or has been lawfully dissolved or has not acted in furtherance of its objects for a period of not less than one year;
(e) any authority or right which such organization has acquired under or by virtue of the provisions of any other law to perform or carry on its activities, has lapsed or has been withdrawn in terms of such law; or
(f)any condition under subsection (4) has not been complied with.

 

(4) The Director may, in lieu of withdrawing any authority or temporary authority for any reason referred to in paragraph (a), (b), (c) or (d) of subsection (3), suspend, except in the case of an organization which has been lawfully dissolved, such authority or temporary authority for such period and on such conditions as he may deem fit.

 

(5)
(a) Subject to the provisions of paragraph (b), the amendment, suspension or withdrawal of any authority or temporary authority in terms of this section shall come into operation with effect from the date on which a written notice of such amendment, suspension or withdrawal is served by the Director by registered post on the organization to which or person to whom such authority or temporary authority has been granted.
(b) If in the opinion of the Director it is in any particular case impracticable to serve the notice referred to in paragraph (a), he may cause a prescribed notice of the amendment, suspension or withdrawal in question to be published in the Gazette, and such amendment, suspension or withdrawal shall be deemed to have come into operation on the date on which such notice has been so published.
(c) If an appeal is noted in terms of section 10 against the amendment, suspension or withdrawal of an authority in terms of this section, such amendment, suspension or withdrawal shall, notwithstanding the provisions of paragraph (a), not so come into operation, unless the amendment, suspension, or withdrawal is confirmed on appeal or the prosecution of the appeal is abandoned.