Latest news with #CharitiesAct
NZ Herald
5 days ago
- Politics
- NZ Herald
Waipareira Trust wins legal point against Charities Board but fails to quash deregistration notice
'The intended decision notified the intention to remove Waipareira from the register on grounds which it is not necessary for present purposes to record, save as to note I am told Waipareira strongly disputes the basis for the intended decision,' Preston said. There were three members of the CRB at the time the notice was issued, but the court heard Parliament had amended the Charities Act in July 2023 and increased its membership from three to five. By December 2024 voluntary sector minister Louise Upston announced Roger Miller and Tarita Hutchison had joined the CRB's three existing members, finally making a legal quorum. Jonathan Orpin-Dowell, acting for Waipareira, said there was no reason to look beyond the plain meaning of the Charities Act amendments which required the board to have five members and did not specify the Minister of Internal Affairs was allowed discretion in having fewer. Andrew Butler KC, acting for the CRB, argued the 2023 general election had delayed adding to the board to preserve the rights of an incoming government to make appointments, and in any event the issuing of the notice of intent would be followed by an upcoming hearing by the CRB where Waipareira could further argue its case. Justice Preston agreed decisions made by a three-person CRB after the law changes were illegal: 'I conclude the intended decision is invalid as ultra vires the act.' But Justice Preston declined Waipareira's application to quash the notice. 'I conclude there will be a sufficient opportunity for Waipareira to challenge the intended decision on the merits, before a properly constituted board.' Even if the CRB decided to deregister following its own hearing, Waipareira could then also appeal to the Taxation and Charities Review Authority. Requests for comment on the ruling sent to the CRB and Tamihere were not immediately answered. Charities lawyer Sue Barker said reading the ruling was a real 'wow' moment. The short-staffed CRB had drawn some comment among charity law practitioners when new legislation was passed. 'I wondered at the time, what does this mean? If the law says you've got to have five members, you've got to have five,' she said. Barker said despite winning on this narrow point of law, Waipareira appeared to have gained little from the exercise. 'Ultimately, it's a pyrrhic victory. All it really does is delay and cause a lot of cost to charitable and taxpayer funds.' Matt Nippert is an Auckland-based investigations reporter covering white-collar and transnational crimes and the intersection of politics and business. He has won more than a dozen awards for his journalism – including twice being named Reporter of the Year – and joined the Herald in 2014 after having spent the decade prior reporting from business newspapers and national magazines.
The Star
06-07-2025
- Business
- The Star
‘Do not delay tabling of law to maintain public confidence'
Addressing misuse of funds: Enacting a comprehensive Charities Act will curb abuse of power and leakage in donation fund management, and also enhance public confidence. PETALING JAYA: Putrajaya should no longer delay the tabling of a law to regulate charities to curb any misappropriation of funds and maintain the public's faith in such charitable and welfare associations, says an anti-corruption watchdog. Malaysia Corruption Watch (MCW) president Jais Abdul Karim believed that enacting a comprehensive Charities Act will curb abuse of power and leakage in donation fund management, and also enhance public confidence. 'This will mark a significant step in institutional reform towards building a culture of governance based on integrity and accountability,' he said. ALSO READ: No timeline yet for charity law In July last year, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said announced that the government is conducting a study to enact a Charities Act that will pave the way for the setting up of a Charities Commission. This is intended to address any misuse of funds donated to charities. Despite security checks by the police and the Malaysian Anti-Corruption Commission (MACC), there were concerns that funds might still be used for money laundering and in certain cases, the sources of these funds were unclear, she told the Dewan Negara then. ALSO READ: Charities commission needed to weed out scams Jais, when contacted yesterday, said MCW is ready to provide further input and recommendations to the government in drafting the Bill to ensure that it is effective without burdening legitimate and honest charitable organisations. The law, he said, should have provisions on registration and annual reporting. 'All bodies or organisations collecting charity funds must be officially registered under a designated entity; for example, the Registrar of Societies, Companies Commission or a special regulatory body.' 'They must also submit independently audited annual financial reports,' he said. ALSO READ: NGOs welcome idea to start commission Aside from that, he also proposed provisions that would enable transparency and access to information. 'Charitable organisations should publicly display information on fund management, the percentage distributed to target recipients and administrative costs on public platforms regularly, so the public can assess their level of transparency,' he said. The law must stipulate punishments for those who misuse donations, including criminal and civil actions such as account freezing, fundraising ban and court prosecution, he added. MCW believed that this step is an urgent necessity following several high-profile cases which have undermined public confidence in the transparency of donation management, he said. ALSO READ: 'Be wary of donation drive by influencers' 'Donors, whether individuals or corporations, must be assured that their contributions are managed with integrity, transparency and reach the intended beneficiaries,' he added. MACC chief commissioner Tan Sri Azam Baki said that a dedicated commission would help regulate and monitor NGOs, which collect donations, more closely. At present, he said, there is no regulator on charities and their usage of funds. He said the existence of a Charities Commission would help ease the burden of MACC. 'It would provide a more structured oversight mechanism and help ensure transparency and accountability in charity work,' he said when contacted. Azam said that MACC would investigate complaints received about funds of such charity groups. 'We will verify and assess the information, especially in cases involving significant sums or matters of public interest,' he added. Federation of Malaysian Consumers Associations (Fomca) vice-president Datuk Indrani Thuraisingham said if the proposed Act is rooted on best practices globally, it can prevent abuse of charitable funds, enhance public confidence and empower responsible civic action. 'However, this legislation should not compromise the independence of civil society organisations and their civic space to operate. 'A balanced enabling regulatory environment encourages innovation, allows flexibility in service delivery and safeguards freedom of association and expression,' she said. She proposed that the commission be independent and function as a non-partisan commission to register, monitor and investigate charitable organisations. 'All charitable bodies receiving public donations above a threshold must be registered,' she said. In terms of governance and accountability standards, she said there must be provisions requiring proper board governance, addressing conflict of interest declarations and risk management frameworks. Audits must be mandated for organisations exceeding a funding threshold, in addition to annual financial and narrative reporting requirements. There must also be an open-access public register of charities with key financial and programmatic data. She said fundraising methods, including social media and third-party collectors, must be regulated. For this, she proposed a Donor Bill of Rights to be established to ensure transparency, data privacy and accountability. The commission must also have power to investigate suspected misuse, issue directives, freeze assets and remove trustees or directors while whistleblower protection must be provided to employees, volunteers and beneficiaries reporting unethical or illegal practices, she added. Pushpan Murugiah, CEO of the Centre to Combat Corruption and Cronyism (C4), said there is no law that explicitly regulates these groups, with there being ambiguity on the legal definition of what constitutes an 'NGO' or 'charitable body'. This had allowed 'bad actors' to escape accountability, he said. 'It is critical that the government pursues reform that improves the governance of these bodies. 'A possible proposal could be the establishment of a singularly responsible oversight body to govern the activities of charitable bodies. 'This, alongside other reforms – such as a Political Financing Act, transparent beneficial ownership regulations and a Procurement Act – would ensure that charitable bodies are not abused for corrupt purposes.' 'It must be emphasised, however, that increased regulation and oversight must not be used as an excuse to unfairly discriminate against NGOs. 'In the past, the Registrar of Societies has been accused of disproportionately targeting organisations that oppose the government of the day – with the withholding of registration being a key example,' he added. Pushpan said sufficient safeguards must be in place to ensure that the body acts impartially and independently.
The Star
06-07-2025
- Politics
- The Star
No timeline yet for charity law
Azalina: It is subject to holistic engagement with all stakeholders PETALING JAYA: The stories are infuriating, to say the least. Five office bearers from an NGO were arrested last month on suspicion of embezzling RM26mil in public donations. And in 2023, news emerged about a non-profit group allegedly misusing funds meant to help a war-torn country. This has since become a court case involving money laundering and criminal breach of trust. Amid reports of such transgressions, what is the status of the Charities Commission which the government wanted to set up to ensure no one takes advantage of donations from generous Malaysians? 'A specific timeline for the enactment of the law (to set up the commission) has yet to be set. 'It is subject to holistic engagements with all relevant stakeholders, including the Finance Ministry,' said Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. 'The financial implications remain a key consideration that must be examined as part of the overall decision-making process,' she said when contacted. It has been a year since reports came out that the government is conducting a feasibility study to draw up a Charities Act and establish a Charities Commission to address problems related to the the misuse of funds donated to charitable organisations. Azalina told the Dewan Negara in July last year that similar Charities Act in countries like the United Kingdom, Singapore and New Zealand would be studied. Asked why the proposed Act had not materialised in Malaysia despite having been planned more than a year ago, Azalina said there was no timeline yet. 'Policy-wise, the proposal has been generally well received, with positive feedback from initial consultations.' She said engagement sessions, discussions and a survey conducted last year involving 1,006 respondents showed strong public support for a dedicated law and commission to regulate charitable activities. The government, she said, remained serious in addressing the issue and ensuring a well-structured, feasible and effective legislative outcome. 'Our current fragmented regulatory framework with multiple regulators and inconsistent definitions has hindered effective oversight,' she said. Azalina said the Legal Affairs Division of the Prime Minister's Department has established a special committee to study the feasibility of such an Act towards establishing the commission. 'This committee comprises researchers from both public and private universities, representatives from NGOs, the Malaysian Bar and the division itself.' Among others, the proposed Act is aimed at enhancing governance and streamlining and monitoring efforts. Azalina said the Legal Affairs Division would hold further engagement and studies to strengthen the policy framework. 'These efforts will culminate in the preparation of a memorandum for the Cabinet's approval,' she added. Prof Dr Zuraidah Ali and Asst Prof Dr Zati Ilham Abdul Manaf – law experts from the International Islamic University Malaysia who had proposed models for the Charities Commission last year to the Legal Affairs Division – pointed out that there is currently no regulator for the collection of charities by NGOs in Malaysia. 'We proposed three models. Now, it is up to the government,' said Zuraidah. As for the Prime Minister's Department (Religious Affairs), its minister Datuk Dr Mohd Na'im Mokhtar said that it is working with the state authorities and enforcement agencies to look into the operations of organisations that collect funds for religious purposes. 'We are aware of the existence of hundreds of NGOs collecting funds in the name of religion and without oversight,' he said, adding that this included donations for the Palestinian cause. He said that his department is in charge of monitoring Muslims' contributions in the name of charity but the authority remains with the states' religious councils. 'We welcome proposals to establish a body similar to the Charity Commission to monitor the activities of charitable NGOs. 'However, this must be aligned with Malaysia's Islamic legal framework, which places religious authority under the jurisdiction of the states,' he said. To ensure that the contributions of Muslims are channelled to trustworthy parties, Mohd Na'im said that his unit, through Yayasan Waqaf Malaysia, is collaborating with the states' Islamic religious councils.
Yahoo
24-05-2025
- Politics
- Yahoo
Iran-linked Islamic centre rebuked over calls for Israel's destruction
An Islamic centre branded the 'nerve centre' for Iran in the UK has been reprimanded by the Charity Commission after posting videos calling for Israel's destruction. The Islamic Centre of England (ICE) has been issued with a formal order by the commission compelling its trustees to curb its online activity and future speakers. The commission launched a statutory investigation into ICE in 2023 after allegations that it was the London office of the Islamic Revolutionary Guard Corps (IRGC). In 2020, the centre hosted a vigil for Qassim Soleimani, the head of the Guard, who had been killed in a drone strike. Seyed Hashem Moosavi, ICE's director, issued a statement on its website praising Soleimani as a 'great martyr'. A commission statement said it had issued the centre with a 'formal order under section 84 of the Charities Act, compelling the trustees to provide rigorous oversight of future speakers and online activity by the charity, among other actions'. The section 84 direction gives the commission additional powers to intervene during an inquiry where there is suspected misconduct or mismanagement. The move comes as Yvette Cooper, the Home Secretary, last week announced plans for new powers to proscribe the IRGC. Under the proposal, anyone helping or benefiting from a banned state intelligence agency will now face up to 14 years in jail. On Monday, David Lammy, the Foreign Secretary, summoned the Iranian ambassador to be 'held accountable' after three Iranian asylum seekers were charged last Saturday with spying in the UK. Earlier this month, five Iranian men were arrested in connection with a suspected plot to mount a terror attack on the Israeli embassy in London. The Charity Commission says its action has been taken because of ICE's 'recent failure' to fully comply with directions set by Emma Moody, the interim manager appointed as part of its investigation. 'The commission considers these, and a range of other past breaches, mismanagement and misconduct in the administration of the charity. The trustees currently dispute some of these legal findings,' the regulator said. The commission said it would continue to monitor the centre's invited speakers, religious services and public-facing content. Former speakers have included Syeda Umme Farwa, a charity boss who was described by an Iranian media outlet as a 'jihadi lioness' and was awarded a prize by Ebrahim Raisi, the former Iranian president known as the 'Butcher of Tehran'. The commission said in a statement that the ICE trustees 'are instructed to ensure that all religious services, speakers and events further the objects of the charity and are in its best interests'. Despite repeated warnings, the Islamic Centre has continued to platform controversial figures. Earlier this year, the Jewish Chronicle revealed that the charity's YouTube channel still hosted videos from 2020 in which Ayatollah Khamenei, the leader of Iran, advocated 'multiple intifadas' to remove the 'cancerous tumour' of Israel. Other clips accused the US and its allies of manufacturing Islamic State and enslaving the world. Some of these have since been removed. David Holdsworth, the chief executive of the Charity Commission, said: 'The law requires, and the public expect, charities to operate exclusively for the public benefit... when a charity fails to operate in line with its legal duties we will step in to take action. 'We now expect the trustees to take the required action directed by the commission and will not hesitate to use further legal powers should that be necessary. 'The commission's statutory inquiry is ongoing. It is the commission's practice to publish a report setting out its findings, regulatory actions and conclusions once an inquiry has concluded.' The charity was, however, urged to go further. Col Richard Kemp, a former head of counter-terrorism in Afghanistan, said: 'This is merely a slap on the wrist. The commission needs to take decisive action now and shut it down. 'Iran and its allies pose a direct threat to Britain. The response so far has been to try and sweep it under the carpet. 'The threat we face from Iran is deadly serious. It is of the utmost importance that firm action is taken wherever we can. This is the opposite. It needs closing down now.' Chris Philp, the shadow home secretary, said the charity commission was 'dragging its heels' on holding the ICE to account as its inquiry into the centre still had not concluded after more than two years. 'This isn't the first time the Charity Commission has buried its head in the sand on these issues,' he said. A spokesman for the ICE previously said the centre was a 'purely religious and cultural organisation, which provides various services to the local communities'. The spokesman added: 'It is an independent charity regulated by British law, which is totally funded by the local beneficiaries. 'The majority of the trustees, donors, and attendees are British citizens. Indeed, this charity is nothing to do with politics, while we strongly believe that the politically motivated lobbies are trying to drag the charity into their political disputes.' An Islamic Centre of England spokesman pointed to a statement on the discharge of an interim manager which said this was an 'important milestone' in its 'governance journey'. The statement said: 'The centre must ensure that it continues to deliver its religious preachings and observes its spiritual doctrines, and meets the requirements of our beneficiaries, while also ensuring legal and regulatory compliance. 'The centre cannot be insulated from world events, however, it is committed to maintaining its independence from political interference, and delivering its religious and educational charitable purposes. 'The centre plays a pivotal role in ensuring we operate in a way which respects all faiths, and where we allow our own faith to continue to be used for good, peacefully and without harm.' By Chris Philp Britain faces a growing and dangerous threat from the Iranian regime. It funds terror across the Middle East and beyond – arming Hamas, Hezbollah and the Houthis, enabling Shi'a militias in Iraq and Syria, and is providing deadly drones to Putin's forces in Ukraine. The tentacles of the Iranian state stretch out to our very own soil here in the United Kingdom. Earlier this month, three Iranian asylum seekers were charged with spying for Tehran and plotting to inflict 'serious violence' on UK-based journalists working for Iran International, a dissident media outlet. It came just days after another Iranian asylum seeker was one of five arrested over a plot to attack the Israeli embassy. This is a stark illustration of how malign foreign actors are exploiting our asylum system to further their own agenda. But it is only part of a broader pattern of Iranian aggression. Iran's Islamic Revolutionary Guard Corps is behind a sustained campaign of cyber attacks, disinformation, and intimidation of Iranian dissidents on our streets. The Labour Government said they would proscribe this group. Labour have now been in office for nearly a year, so why have they not yet done what they said? And there is growing evidence of potentially dangerous Iran-linked influence within UK charities and so-called community organisations. Yet the Charity Commission is dragging its heels on taking meaningful action when it comes to taking on organisations that try to undermine British values and sow division. Take their investigation into the Islamic Centre for England, which opened after a director claimed that those protesting against the Iranian regime were 'soldiers of Satan' – it still hasn't been concluded after more than two years. This isn't the first time the Charity Commission has buried its head in the sand on these issues. The Islamic Human Rights Commission Trust has been under an ongoing investigation for several years, despite being run by self-declared Islamist revolutionaries closely aligned to Iran who say that the West is 'the enemy' and Britain a 'Stasi state'. And last year, the Dar Alhekma Trust and its sister charity, the Abrar Islamic Foundation, based near Regent's Park, were placed under police investigation after one of their trustees allegedly praised the former IRGC commander Qasem Soleimani as a 'hero'. The commission has bizarrely paused its review while the charities deny any wrongdoing. This is not good enough. The commission must be more proactive. The public deserves to know why groups with apparent links to terrorist sympathisers continue to operate freely under the banner of charity. Its job is not simply to wait for criminal prosecutions – it is to protect the integrity of the charitable sector from exploitation by extremists and foreign regimes. It's time they started acting like it. And it's time for the Labour Government to get serious too. The Foreign Influence Registration Scheme, announced by the previous Conservative government, has been implemented which is a welcome first step. However, we need real enforcement, real transparency, and real consequences for those who break our laws or abuse our hospitality. Small boat crossings have increased by almost 30 per cent under Labour – 2025 is the worst year ever for such crossings. Labour voted against our amendment to deport all illegal migrants. It is shameful that the Government is not taking the action needed on this issue. This is not just about illegal immigration, it is about our national security. Action against Iran also means shutting down any UK-based charities found to be linked to hostile states or extremist causes. It means denying visas to Iranian regime officials and suspected collaborators. It means expelling diplomats involved in threats, intimidation or espionage. And it means providing meaningful protection to journalists and dissidents targeted by Tehran. We cannot afford to be complacent. Britain must not be a safe haven for the proxies of a state that funds terror, murders dissidentsand seeks to undermine the very freedoms we cherish. The Conservative Party has always stood for the security of this nation. We will not be silent while this government drags its feet. Chris Philp is the shadow home secretary Broaden your horizons with award-winning British journalism. 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