NGO Writeup

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In order to properly highlight the pros and cons of registering an NGO under PACRA and

under Ministry of Development. It is important to first note the procedure of registering at

both institutions.

To set up an NGO especially if one is a foreigner there are some rules. First and foremost,

your Board needs to be at least 50% Zambian residents.

There are currently two ways to set up an NGO in Zambia. The official way which is

registering your NGO with the Ministry of Development. The law of the

Non-Governmental Organisations Act No. 16 of 2009 (the “Act”) requires all NGOs as well

as international NGOs operating in Zambia to be registered in accordance with the Act.

The steps one needs to follow are:

1) Certificate of Registration

● Step 1
One needs to submit three copies of Rules and Regulations of their NGO and a

recommendation letter from the collaboration government Ministry. Below are the

guidelines of a constitution and the recommendation letter. One may not necessarily

follow the order below, however the rules and regulation of the said NGO must

have contents as outlined below.

Guidelines of a constitution

● Name of Organisation
● Postal/ Physical Address
● Objectives/ Aims
● Office Bearers
● Duties of Office Bearers
● Term of Office Bearers
● Members
● Termination of Membership
● Discipline
● Finance
● Meetings
● Elections
● Amendments to Constitution
● Dissolution
● Disposal of Assets upon Dissolution
● Extract from “Register a Society or Church” by Office of the registrar of societies
Recommendation letter

Recommendation letter from the line Ministry which the NGO will work under. There is a

need for an applicant to visit the local office of the Ministry in the town where the NGO is

based to get this recommendation letter.

● Step 2
When the documents above are submitted, details about the procedure and required

documents will be provided. Below are the required documents;

● Form 1- Application for Registration/Exemption, the form must be submitted in


triplicate (3)

● Copies of NRC, Passport or Driving Licences in respect of Zambian Members and


Immigration permits in respect of Non-Zambian members must be submitted.

Additionally, phone numbers of the office bearers should be included.

● All the members appearing on the form must be scrutinized and cleared by the
Police before the application for Registration is submitted (fingerprint certificates

should be attached to the application).

● Three certified copies of the NGO’s Constitution must be attached.


● Clearance letter from the Registrar of Societies, PACRA and Lands and Deeds.
● Fee: ZMW1,008.00 for International NGOs
Registration forms can be obtained online or from the Ministry of Community

Development, Mother and Child Health, Headquarters, at the department of Registrar for

NGOs and the District Community Health Office in all the Provincial capitals, where a

manual receipt will be issued upon production of a computerized bank receipt and deposit

slip showing payment of a non-refundable application fee.

● Step 3
When your documents are approved, you will be given the certification which has a

registration number. The certification is issued within three months of submission of all

required documents. You are advised to make a schedule which shows time

deadlines.

The other way is registering an NGO as a ‘Company limited by guarantee, non for

profit’ at PACRA. The procedure for that is as follows:

Step 1. Name Clearance.

This can be done online or by visiting the PACRA Offices. If done online, this might take up

to approximately three days. If you go to the PACRA office, it is highly likely that an applicant

will be given the Name Clearance immediately. Not much is needed much for this process.

You will be required to give:

● Three possible names for your NGO


● Your ‘principal business’ in accordance with the ISIC Classification. Which for most
NGO’s this is Other social work activities without accommodation.

● Certified copy of the NRC(s) of your Zambian Directors


● Fee which is 90 Kwacha
Step 2. Set up the NGO

On the other hand, where you go to PACRA and have your Name clearance as earlier allude

it is highly likely that one will get the name clearance the very day. Then you will be asked to

take and fill in the documents described below.

● Articles of Association (you can find a format online/here)


● Form 3 from the PACRA website
○ On this form you need the signatures of all Directors. If it is a photocopy
○ To certify a signature, you need the already certified copies of the NRC of
these people.

○ Have a look at this form for all the information you’ll need. E.g. personal
details of all the directors, guaranteed amount, address for your NGO office

etc.

● Registration fee which is 950 Kwacha

PROS

PACRA

1. Time Efficient in terms of Registration

2. Cost friendly

3. Provides clear legal identification hence making it easier to do various things like

open a bank account

4. Viewed as more credible and serious

5. Protects the Board of Trustees and members who maybe involved on voluntary basis

6. Can own property in its own name

MINISTRY OF DEVELOPMENT

1. Provides some form of identification and recognition


CONS

PACRA

1. There is a need to pay annual returns

2. Provides what

MINISTRY OF DEVELOPMENT

1. Registration process is lengthy hence time consuming

2. Registration process is costly

3. Not quite easy to open a bank account with just this form of identification

4. Does not offer adequate protection to board members

5.

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