DISSOLUTION
NGOs like other legal entities may be dissolved in the following cases:
- By the will of their members, in accordance with the articles of association;
- By judicial decision, at the behest of the Public Prosecutor or at the request of any interested party in the cases of nullity provided for by legislation on freedom of association.
The judgment orders the closure of the premises and/or the prohibition of any members of the NGO and also sets the terms for its liquidation. It is enforceable any means of appeal.
ADMINISTRATIVE SUSPENSION AND DISSOLUTION
The Minister in charge of Administration may, after a reasoned opinion from the Commission, suspend by decree, for a maximum period of three (3) months, any NGO whose activities deviate from its purpose.
The Minister in charge of Territorial Administration may also, by decree, dissolve any NGO for undermining public order and State security.
Notwithstanding article 12 of order no. 72/6 of August 26, 1972 establishing the organization of the Supreme Court, the acts provided for in the above paragraphs (1) and (2) above may be appealed, on simple request, before the president of the competent administrative court.
This appeal must be lodged within ten (10) days from the date of notification in person or at home.
The President shall rule by order within thirty (30) days.
The exercise of appeals has no suspensive effect.
In the event of dissolution of an NGO by the Minister in charge of Territorial Administration, the latter, within a period of thirty (30) days after exhaustion of the remedies, refers the matter to the competent court of first instance for liquidation.
Any devolution of the assets or property of a dissolved NGO to any of its members is prohibited.
The dissolution of an NGO does not preclude any legal proceedings against its directors or members.
PENAL SANCTIONS
The managers and members of an NGO found guilty of misappropriation of funds intended for the said NGO shall be prosecuted subject to the provisions of the Cameroon Penal Code.
The following shall be punished by imprisonment of between three (3) months and one (1) year and a fine of between one hundred thousand (100,000) and one million (1,000,000) francs, or by one of these two penalties only the founders, managers or directors of an NGO maintained in activity or reconstituted illegally after dissolution or prohibition, or during the period of suspension, as the case may be.
Where the suspension, dissolution or banning of an NGO has been prompted by armed internal or external security of the State, the maximum penalties provided for are doubled.
Is punished in accordance with the provisions:
- Any founder or promoter of an NGO having applied for approval who behaves as if approval had already been granted;
- Anyone who in any way promotes the reunion of members of a suspended, dissolved or banned NGO.