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Momodou
Denmark
11728 Posts |
 Posted - 17 Jul 2025 : 22:37:55
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GALA’s application for registration as charitable organization rejected by Justice Ministry
The Ministry of Justice has rejected Gambians Against Looted Assets’ application for registration as a charitable organization, citing a number of legal requirements GALA’s application failed to meet.
The Ministry’s explanation for rejection reads:
REJECTION OF APPLICATION FOR REGISTRATION AS A CHARITABLE ORGANIZATION UNDER SECTION 567 OF THE COMPANIES ACT, 2013
I acknowledge receipt of your application dated 25th June 2025 seeking registration of Gambians Against Looted Assets (GALA) as a charitable organization under Section 567 of the Companies Act, 2013. I also confirm receipt of the accompanying documentation submitted in support of the said application.
Following a thorough review of your submission, I regret to inform you that the application does not meet the legal requirements for registration at this time, and is therefore rejected. The basis for this decision is outlined in detail below to assist you in understanding the rationale and identifying areas of potential redress.
1. Use of restricted word / Non-Compliance with Naming Requirements under Section 16(2)(a) of the Companies Act, 2013
Your proposed name, “Gambians Against Looted Assets (GALA)”, raises legal and interpretative concerns under Section 16(2)(a) of the Companies Act, 2013, which stipulates as follows:
“Except with the consent of the Registrar, a company shall not be registered by a name which—
(a) includes the word “National”, “State”, “Government”, “The Gambia”, or any word which in the opinion of the Registrar suggests, or is calculated to suggest, that it enjoys the patronage of the Government of The Gambia or any Department of Government.”
Although the name GALA does not explicitly use the term “The Gambia”, it prominently features the word “Gambians”, which is a demonym referring to the citizens of the Republic of The Gambia. Given the context and subject matter of your organization namely anti-corruption and accountability for looted assets the use of this term has implications that extend beyond simple identification.
In applying the Purposive Rule of statutory interpretation, which emphasizes interpreting legislative provisions in light of their intended purpose and objectives, I find that the spirit of Section 16(2)(a) is to prevent any name that may be perceived as implying state endorsement, national representation, or governmental authority, unless such association is formally granted or implied through law.
Specifically, your name may reasonably be interpreted as suggesting:
a) That your organization speaks for the collective Gambian population, or acts on its behalf in matters of national concern;
b) That you enjoy broad national consensus, moral legitimacy, or state backing in pursuing anti-corruption efforts;
c) That your stance aligns with or mirrors the official policies or functions of state anti-corruption institutions.
In the context of registering charitable organizations, where public trust and legitimacy are central, such implications require careful scrutiny. In the absence of formal approval or special legal status, the use of such language is not appropriate under Section 16(2)(a) and is therefore a ground for rejection.
2. Procedural Deficiencies in Application – Section 568(2) of the Companies Act, 2013
In addition to the concerns regarding the name of the organization, your application does not comply with the mandatory procedural requirements prescribed under Section 568(2) of the Companies Act. The law clearly provides that an application for registration under Section 567 must be accompanied by the following:
(a) Two printed copies of the constitution of the association;
(b) Duly signed copies of the minutes of the meeting appointing the persons and authorizing the application, showing the persons present and the votes scored; and
(c) The impression or drawing of the proposed common seal of the association.
Upon review of your file, I note the following deficiencies:
i. Only one printed copy of your association’s constitution was submitted, contrary to the requirement under Section 568(2)(a) that two printed copies be submitted.
ii. No duly signed minutes of the meeting appointing the persons responsible for the application showing attendees and votes scored were included, which is a clear violation of Section 568(2)(b).
iii. You did not submit any impression or drawing of the proposed common seal of the association, as required by Section 568(2)(c).
These omissions render the application procedurally defective and incomplete. Compliance with these formal requirements is not a matter of discretion; it is a statutory obligation placed on all applicants to ensure accountability, legitimacy, and traceability of associations seeking charitable status.
3. . Presumptuous and Prejudicial Implication in the Name
The term “looted assets” as used in the proposed name is presumptive and implies, as fact, that there have been assets unlawfully appropriated or stolen. However, there is no clarity in the application on what assets are being referred to, nor is there any reference to formal findings, investigative outcomes, or legal determinations that confirm the existence of such looted assets. The name therefore raises significant concerns regarding defamation, vagueness, and prejudice, especially in a country still navigating transitional justice and institutional reforms.
Furthermore, the phrase “Against Looted Assets” conveys a strong accusatory tone that may be perceived as targeting individuals or public institutions without substantiation. Such wording raises the potential for confusion, reputational harm, or misinterpretation in the absence of proven legal findings or official declarations concerning the existence of such "looted assets."
Notwithstanding the foregoing concerns, I wish to commend the clarity and overall structure of your association’s stated objectives as expressed in your constitution. The goals of promoting transparency, accountability, and citizen engagement in governance as well as your emphasis on public education and advocacy are consistent with lawful charitable purposes and are not objectionable in substance.
However, the procedural failings and naming concerns outlined above must be resolved before the application can be considered for approval.
In light of the above, the application for registration of Gambians Against Looted Assets (GALA) as a charitable organization under Section 567 of the Companies Act, 2013 is rejected.
You are encouraged to revise and resubmit your application after addressing the following key issues:
a) Amend the proposed name of the association to eliminate the demonym “Gambians” or any wording that may suggest national representation or state endorsement, unless you obtain prior written consent of the Registrar.
b) Ensure full compliance with the documentation requirements under Section 568(2), by submitting:
i. Two printed copies of your constitution;
ii. Duly signed minutes of the relevant authorizing meeting; and
iii. The impression or drawing of the proposed common seal.
c) You are strongly advised to refrain from using the term “looted assets” in the name or title of the entity, unless you are able to clearly ground the use of such a term in official reports, legal proceedings, or government-endorsed initiatives such as asset recovery programs launched pursuant to findings of a truth commission or court of law.
Alternatively, consider using more neutral and development-oriented language, such as transparency, accountability, good governance, or asset recovery advocacy, which may better reflect your objectives without raising legal or reputational concerns.
Our office remains open to provide you with guidance or clarification on any of the issues raised above. We encourage lawful civic participation and look forward to working with you in ensuring that your organization is established on a firm and compliant legal foundation.
Source: The Republic
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A clear conscience fears no accusation - proverb from Sierra Leone |
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Momodou
Denmark
11728 Posts |
Posted - 18 Jul 2025 : 03:47:51
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The Law is in favour of GALA to be Registered under its Preferred Name as Such.
By Madi Jobarteh
The Companies Act is a law that caters for the registration of both business companies and nonprofit organizations. Chapter 11 of the Act refers to nonprofit organizations as ‘registered associations.’ Obviously, a business company and a nonprofit organization are diametrically opposed. They are two totally different entities such that they should not have been joined in one legislation. Doing so only has the potential to harm nonprofit organizations which is now unfolding before our eyes in the wake of the GALA registration debacle.
Registered associations are nonprofit organizations, otherwise called civil society organizations (CSOs) or non-governmental organizations (NGOs) or even charitable organizations. They come in various forms such as professional bodies, trade unions, faith-based organizations among others with diverse interests, objectives, scope, and other characteristics. These organizations or associations are usually formed by individuals or groups with shared vision and mission. They neither seek political power nor financial or economic profit hence they are outside the realm of the state and the market.
In the Companies Act, Section 567 relates to the incorporation of associations, i.e., CSOs. It states that these associations can be formed “for any religious, patriotic, philanthropic, historical, artistic, fraternal, athletic, educational, literary, scientific, social, developmental, cultural, sporting or charitable purpose.” This Section captures GALA just like any other CSO in this country.
Section 16 in Chapter 2 of the Act concerns the name of a company, and not an association. It refers to only business companies. There, it states that a company cannot have in its name words like, “National”, “State”’ “Government”, “The Gambia” unless if the Registrar agrees.
However, the area that relates to associations such as GALA is in Chapter 11, entitled ‘Registered Associations’. Section 566(1) of this Chapter states categorically that, “This Chapter applies to a non-profit company.”
More importantly and for the matter at hand, it went further to state in subsection 2 that, “When a provision of this Chapter is inconsistent with, or repugnant to, any other provision of this Act, the provision of this Chapter, in so far as it affects a registered association to which this Chapter, applies, supersedes and prevails over the other provision of this Act.”
Clearly, to deny GALA’s registration based on name as mentioned in Section 16(2) is both inconsistent with and repugnant to Chapter 11 and in particular Section 567 which is about the incorporation of associations. This is because Section 567 recognizes GALA as a nonprofit association and not a business company as contemplated under Section 16 in Chapter 2. Chapter 2 relates to business companies and is entitled, ‘Formation and Operation of Companies’.
GALA’s registration as an association is provided only under Chapter 11 as a nonprofit company. Considering the foregoing then, Chapter 11 and its provisions supersede and prevail over Chapter 2 and its provisions because the subject matter here is a ‘registered association’.
For purposes of clarity, I repeat Section 566(2) under Chapter 11:
“When a provision of this Chapter is inconsistent with, or repugnant to, any other provision of this Act, the provision of this Chapter, in so far as it affects a registered association to which this Chapter, applies, supersedes and prevails over the other provision of this Act.”
In light of this, I hereby call on the Ministry of Justice to accept the documents and register Gambians Against Looted Assets (GALA) as a legally and legitimately constituted body with an appropriate name according to the Companies Act. |
A clear conscience fears no accusation - proverb from Sierra Leone |
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GALA’s application for registration as NGO reject
