The NGO Regulatory Authority (NGORA) is intensifying enforcement of registration, licensing, reporting and other compliance requirements applicable to civil society organisations in Malawi. NGORA’s mandate is to register, regulate and oversee the operations of NGOs in Malawi, including enforcing compliance and withholding, suspending or cancelling NGO registrations when organisations fail to comply with legal requirements.
The concern emerging among civil society actors relates not to the principle of NGO accountability, but to the manner, frequency and consequences of compliance enforcement. An NGO that fails or refuses to comply with the NGO Act, rules or regulations may have its registration withheld, suspended or cancelled, although the Authority is required to give the organisation an opportunity to be heard before taking such action.
NGORA has also published specific requirements relating to NGO registration and licensing. Its NGORA registration requirements include a constitution, affidavits for directors or trustees, a certificate of incorporation, a programme of activities, a letter of approval or MoU from the responsible ministry and proof of payment of the registration fee. NGORA licence renewal requirements include annual audited financial statements, annual activity or technical reports, an annual return and payment of an annual subscription fee.
The increasing emphasis on compliance enforcement, including the possibility of suspension or cancellation of registration, is generating concern about the proportionality, predictability and potentially chilling effect of the regulatory framework, particularly for smaller and community-based organisations.