New Financial Transparency And Accountability Regime To NGOs
March 14, 2021

NEW FINANCIAL TRANSPARENCY AND ACCOUNTABILITY REGIME TO NGOs

(Disclosure of all sources of funds, submission of donor’s contract to Registrar, Publication of sources of funds to the Newspaper)

The Minister for Health, Community Development, Gender, Elderly and Children, Hon. Ummy A. Mwalimu has exercised the power vested to her under s. 38 of Non Governmental Organizations Act , Cap 56 by amending Non Governmental Organizations Regulations of 2004 to introduce new financial and accountability checks to NGOs . This is through the Non- Governmental Organizations Act (Amendment) Regulations, G. N No. 609 of 2018.

As said earlier, the regulations seek to enforce Financial Transparency and Accountability to NGOs. The notable checks introduced by the said Regulations are as follows:-

i. DISCLOSURE OF SOURCE OF FUND

Regulation 12 makes it mandatory for NGOs to disclose to the Public, Registrar, Council, the Board and other stake holders, all information relating to source of fund, expenditures, purpose of fund and activities to be carried from such fund, within fourteen (14) days from the date of obtaining the fund.

ii. DUTY TO PUBLISH THE FUND OBTAINED

Regulation 13 provides that, any NGO which obtained Fund exceeding twenty ( 20) Million Tshs. must publish such fund received and it’s expenditures bi-annually to the wide circulated newspaper and other media Chanels.

iii. SUBMSSION OF DONOR’S CONTRACT TO THE REGISTRAR

Regulations also oblige the NGOs to submit to the Registrar all contracts entered with Donors or person providing Grant within ten (10) days from the date such agreements were entered.

Furthermore, Regulation 15(1)(b) & (c) restrict NGOs to enter into contract which undermines Sovereignty of the state and rights of the people.

Conclusively, we can say that these Regulations introduce what we may call “ the highest level of Financial transparency and Accountability to NGOs. NGOs should do comply with these Regulations in order to ensure their smooth operation and survivorship.

Victory Attorneys & Consultants © 2022

Augustine Dominic Shio

Managing Partner

Augustine Dominic Shio is also known as Mr Shio is a highly sought-after and widely recognized criminal law expert with more than 30 years of experience advising and assisting corporations and individuals charged with white-collar crimes.

Overview

Before founding the firm Mr Shio held several positions in the public sector, he served as a Principal State Attorney at the Attorney General’s Chambers, Legal Advisor at the President’s Office (Commission for Enforcement of the Leadership Code), Director of Legal Services and Complaints at the Ministry of Home Affairs and retired as a Deputy Director of Public Prosecutions at the Directorate of the Public Prosecutions.

Mr Shio is a recipient of the Presidential Medal for his distinctive public services and ethics of the highest order. His distinguished aptitude in handling complex criminal cases, particularly money laundering, economic and organized crimes has enabled the firm to handle high profile criminal cases in Tanzania.

Practice Focus

As the firm’s head of the Financial & Organized Crimes Department, Mr Shio represents corporations and individuals in the telecoms, media & ICT, mining, oil & gas and banking sectors in high profile criminal cases. He has advised and prepared legal compliance models and for large scale agribusiness operators, public listed companies and securities dealers and brokers in line with sector-specific laws.

He possesses vast experience in advising multinational corporations on money laundering and tax evasion throughout the life span of their commercial transactions.

Mr Shio has represented clients in major plea bargaining negotiations at the office of the Director of Public Prosecutions. He is renowned for closing some of the best pleas deals in the country on behalf of many locals and expatriates charged with money laundering, economic and organized crimes and cybercrimes. Additionally, Mr Shio consults and assists criminally charged individuals to secure pre-trail and post-trial bail on serious criminal charges.

Education

Mr Shio holds a Bachelor’s Degree (LL.B Hons) from the University of Dar es Salaam, Certificate in Criminal Justice and Treatment of Offenders from the United Nations Institute (Fuchu, Japan). He is a certified criminal law expert in Money Laundering and Terrorism.

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