The International Journal
of Not-for-Profit Law

Volume 1, Issue 3, March 1999

A quarterly publication of the International Center for Not-for-Profit Law

Table of Contents


Creative Uses of Program Related Investments
Milt Cerney

Redes y Redes de Redes
Miguel Angel Itriago Machado and Antonio L. Itriago Machado

The Katz Report - Finally a Reality

Recent Experiences with Re-Registering Foundations in the Czech Republic
Lenka Deverová and Petr Pajas

Canadian Developments
Arthur Drache

Creating an Enabling Environment for Private Philanthropy: the Role of Charity Law in Northern Ireland
Kerry O'Halloran

Establishing New Interactive Forms of Collaboration Between Non-Profit Organizations and Enterprises.- Competitive vs. Collaborative Relationships
Maria Beatriz Parodi Luna

Reflexionando sobre Consolidación de Organizaciones Cúpula de la Sociedad Civil en Venezuela
Charo Méndez


Studies of – and prospects for the revision of the tax laws governing non profit organizations 
By Fondazione Italiano per il Voluntario

Protecting Human Rights Defenders - Analysis of the newly adopted Declaration on Human Rights Defenders
By the Lawyers Committee for Human Rights

Las Asociaciones Civiles en el Derecho Venezolano (Qué son y cómo funcionan)
By Miguel Angel Itriago and Antonio L. Itriago
Reviewed by Caroline L. Newman

Philanthropy and Law in Asia
Edited by Thomas Silk

Case Notes

CIT v Sri Gujarathi Mandal | CIT v Nagi Reddi Charity

Association Eglise de Scientologie
| Albert & others v Association club du chien-guide d'aveugles d'Ile de France

United Kingdom:
Varsani v Jesan | Singh v Bhasin | The Zoological Society of London v Customs & Excise / Dean & Canons of Windsor v Customs & Excise | National Trust v Hoare

United States:
United Cancer Council v Commissioner | In Re Bishop Estate

Country Reports

Asia Pacific:
Regional | Australia | China | New Zealand | Papua New Guinea | the Philippines | Singapore | Vietnam

Central and Eastern Europe:
Albania | Bulgaria | Croatia | Czech Republic | Hungary | Latvia | Lithuania | Macedonia | Romania | Slovakia

Latin America and the Caribbean:
Brazil | Columbia | Falkland Islands/ Malvinas | Peru | Venezuela

Middle East and North Africa:
Regional | Egypt | Kuwait | Morocco

Newly Independent States:
Armenia | Azerbaijan | Belarus | Georgia | Kazakhstan | Kyrgyzstan | Moldova | Russia | Tajikistan | Turkmenistan | Ukraine | Uzbekistan

North America:
Canada | the United States

Sub-Saharan Africa:
Cameroon | Ethiopia | Ghana | South Africa

Western Europe:
Regional | Belgium | France | Germany | Republic of Ireland | Italy | Malta | Sweden | Switzerland | the United Kingdom

Self-Regulation Initiatives

Code of Conduct for NGOs In Ethiopia- A Review Article
Eddie Adiin Yaansah

International Grantmaking

What’s Behind the Foreign Public Charity Equivalence Affidavit?
Betsy Buchalter Adler and Ingrid Mittermaier

International Developments

International Fiscal Association Congress 1999

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Editorial Board

Subscription Information

Previous Issues

ICNL Homepage

Country Reports: Sub-Saharan Africa


On March 30, 1999, the Director of Legislative and Regulatory Affairs in the Prime Minister’s Office, Mr. Ngole Philip, held a meeting to discuss new draft legislation for NGOs. The meeting was attended by representatives of the NGO community, including associations of the legal profession, lawyers, representatives of various ministries (Finance, Territorial Administration, and Social Affairs), as well as a representative of the World Bank’s resident mission in Yaounde, Mr. George Minang.

The proposed legislation differs from the draft presented previously and discussed in the September issue of IJNL. Instead of making extensive changes in the current Law on Freedom of Association (Law No. 90/053 of December 19, 1990), this new proposal makes only minor conforming revisions. However, an altogether new law is proposed as well, which will regulate associations that meet the definition of NGO found in what is presently Article 3 of the draft. The basic framework of the new legislation permits associations that have been declared in accordance with the 1990 legislation to register as NGOs and become "associations subject to an agreement." If they are registered in accordance with the new legislation, they will be able to gain access to certain government subventions and other fiscal privileges.

The proposed law requires associations to register in order to receive the benefits allowed to NGOs, but they are only permitted to do so after they have been operating for three years in a field of public service activity. The fields of public service activity include economic, social , cultural, health, sport, and humanitarian activities. The law proposes that an oversight commission be established for NGOs, but the composition of the commission has yet to be determined.

ICNL is presently working with the Bank’s Resident Mission and Washington-based staff to provide detailed comments on the draft bill. Once those comments are prepared they will be available from ICNL. For further information on the legislation please contact George Minang,


A report on the current self-regultaion initiative can be found in the self-regulation section of this journal!


In March 1995 Ghana introduced Value Added Tax (VAT) but suspended its implementation some 3 months later because of inflationary expectations and administrative difficulties. The tax has now been reintroduced with effect from 18 March 1998, although collection of the tax did not start until 30 December 1998. VAT is levied on all supplies of goods and services in, and imports of goods and services into Ghana. However, the relatively high registration threshold of supplies exceeding GHC 200 million (USD $80,000) per year means that most NGOs will not be required to register. The standard rate of tax is 10% but there are a limited number of exemptions intended to reduce the burden of the tax on low-income persons, including the supply of water (unless bottled or distilled), education and health services approved by the relevant ministries, and public transport. (Value Added Tax Act 1998, Act 546 gazetted 18 March 1998)

South Africa

SANGOCO's review of the recent Katz Commission Report (501 KB )is available in the Articles section of this issue!

Copyright 2008 The International Center for Not-for-Profit Law (ICNL)
ISSN: 1556-5157