Inspection of NGOS (s.41)

An inspector from the Bureau may at any reasonable time inspect the premises of an NGO to ensure that the organization is in compliance with the law. An inspector is designated by the Bureau as such and his/her appointment must be publicized in the Gazette.

The inspector has powers to investigate any matter for purposes of compliance with the Act and where necessary subject it to prosecution by the DPP. (Under Article 120 of the constitution which gives the DPP powers to institute criminal prosecutions against a person or authority in any court of competent jurisdiction).

Before the inspection is carried out; an NGO must be given three days notice of the inspection stating the time and purpose of inspection. The inspection has to be during reasonable hours of between 8:00 am to 5:00 pm.

An inspector must where he requires be given access to

  • Any property
  • Books of accounts
  • Records
  • Returns
  • Documents
  • Or any other information requested

It is an offence under s.42(7) to

  • Deny an inspector access to the above
  • Knowingly present to an inspector false or fabricated document
  • Make false statement with intent to deceive or mislead the inspector
  • Without reasonable excuse, refuse or fail to comply with the order of the inspector

The offence under s.42(7) above is punishable by a fine not exceeding 24 currency points (480,000/=) or an imprisonment term not exceeding one month or both.