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Section 15: Cancellation of registration

Registration of Associations Act · PART IV: CANCELLATION, AMALGAMATION AND WINDING UP OF ASSOCIATIONS

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

15. Cancellation of registration (1) Subject to section 17 (3) and to this section, the Registrar may cancel the registration of a registered association on the ground that— (a) the registration of the association was obtained by fraud or misrepresentation; (b) the association has engaged, or is about to engage, in activities likely to cause a serious threat to public safety or public order or has made, is making or is likely to make, available any resources, directly or indirectly, to a terrorist or a terrorist organisation or for the purposes of terrorism; (c) the association has contravened its rules or this Act, and has persisted in its default after the Registrar has given it written notice specifying the default and fixing a time which shall not be less than 21 days for remedying the default, and that time has expired; (d) the association has in any way misapplied its funds; or (e) the association has ceased to function. R16 – 7 [Issue 1] Registration of Associations Act (2) Where the Registrar is satisfied that the registration of an association should be cancelled, he shall, with the approval of the Minister, give notice to the secretary of his intention to cancel the registration of the association and of the ground of his decision. (3) A notice under subsection (2) shall be given— (a) by registered post; or (b) where the secretary of the association cannot be found or is not known, by publication in the Gazette and in 2 daily newspapers. (4) An association may, not later than 21 days after the date of a notice under subsection (2), appeal to a Judge in Chambers against the decision of the Registrar in accordance with section 33 and, on any such appeal, the Judge may make such order as he thinks fit. (5) The registration of an association shall be cancelled and the association shall be wound up by the Registrar in accordance with section 18— (a) where no appeal has been lodged under subsection (4), not later than 21 days after the date of a notice under subsection (2); (b) where an appeal has been lodged under subsection (4) and the appeal has been dismissed, not later than one month after the date of the dismissal of the appeal. (6) The association may, before the expiry of the time specified in subsection (5), by special resolution designate to the Registrar a registered association to which any remaining property of the association shall be transferred. [S. 15 amended by Act 29 of 1992; s. 10 (1) of Act 37 of 2003 w.e.f. 22 November 2003.]

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