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

Regulations

Regulations made under the Fundraising Act, 1978

10. Amendment, Substitution, Suspension or Withdrawal of Authority or Temporary Authority or Registration Certificate
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(1) If the Director is of the opinion that there are reasonable grounds for conducting an enquiry under section 8(3) of the Act, he shall cause a notice to be served on the fund-raising organisation or holder concerned calling upon it or him to show cause at a place and time specified in the notice why the authority or temporary authority granted to it or to him shall not be withdrawn.

 

(2) Such notice shall set forth such particulars as are reasonably sufficient to inform such fund-raising organisation or holder of the grounds on which the withdrawal of the authority or temporary authority is contemplated and shall be signed by the Director and served on the fund-raising organisation or holder concerned not less that 21 days before the date specified in such notice for the holding of the enquiry.

 

(3) The respondent may appear at the enquiry in person or through its legal representative or, if it is a fund-raising organisation or any other organisation, through a member of its management, or may submit statements or arguments for consideration by the Director at the enquiry.

 

(4) On the appearance of the respondent at the enquiry or if the respondent is not present at the enquiry and the Director is satisfied that the notice referred to in regulation 10(1) has been duly served on the respondent, the Director shall conduct an enquiry into the matters referred to in the notice and may call and examine or re-examine any person present at the enquiry and shall hear such evidence as may be adduced by or on behalf of the respondent and may cross-examine any person giving evidence for or on behalf of the respondent.

 

(5) The respondent or his legal representative may at the enquiry examine any witness called for or on behalf of the respondent and may cross-examine any other witness giving evidence at the enquiry.

 

(6)
(a) The Director may direct any person to give his evidence at the enquiry on oath or on affirmation.
(b) The Director may administer an oath to, or accept an affirmation from, any person appearing before him to give evidence or to produce any book, document or thing.

 

(7) In connection with the giving of evidence or the production of any book, document or thing at such enquiry, the law relating to privilege as applicable to a witness giving evidence or summoned to produce a book, document or thing in criminal proceedings in a magistrate's court shall apply.

 

(8) The Director may, in his discretion, postpone or adjourn the enquiry for such periods as he may deem fit.

 

(9)
(a) The Director shall cause a record to be kept of the proceedings at the enquiry in such manner as he may determine.
(b) Such record shall be accessible to, and copies may be made thereof by, the respondent or his legal representative on such conditions as to time and place as the Director may determine.
(c) The records of the enquiry shall be preserved by the Director at such places and for such periods as the Secretary may determine.

 

(10) The notice referred to in section 8(5)(a) and (b) of the Act shall contain a statement to the effect that the authority or temporary authority granted to the fund-raising organisation or holder specified in the notice, has with effect from the date of the notice or of the publication thereof in terms of section 8(5)(b), whichever date is the later date, been withdrawn or amended as mentioned therein or that it has been suspended for the period specified therein, as the case may be, and shall require such fund-raising organisation or holder to return such authority or temporary authority to the Director within a period of 14 days from the said date.

 

(11) The provisions of this regulation shall mutatis mutandis apply to or in respect of any investigation referred to in sections 5(5)(b) or 8(1) of the Act.