CSOs challenge PVO Act

Published: 12 hours ago

Civic society organisations (CSOs) have filed a High Court application seeking a declaration that key provisions of the Private Voluntary Organisations (PVO) Act [Chapter 17:05] are unconstitutional, arguing that they infringe on fundamental freedoms guaranteed under Zimbabwe's Constitution.

The Crisis in Zimbabwe Coalition (CiZC), represented by Moyo and Nyoni Legal Practitioners, lodged the application at the Bulawayo High Court last week, citing the Public Service, Labour and Social Welfare Minister and the Attorney-General as respondents.

CiZC - a coalition of 75 civic groups - said several provisions of the Act violate sections 58 and 67 of the Constitution, which protect the right to freedom of assembly and association as well as political participation. The coalition further argued that sections 5(3), 6(7), 13A, 20A, and 22 contravene section 56 on equality before the law and non-discrimination, while section 14 infringes section 69(3), which guarantees the right to a fair hearing.

"The cited provisions are unconstitutional and invalid as they violate the rights bestowed on non-governmental organisations and their employees," CiZC said in its application. The group also contends that section 6(7) breaches section 68 of the Constitution, which provides for the right to administrative justice.

Since its promulgation, the PVO Amendment Act has faced fierce opposition from CSOs, who describe it as repressive and a direct attack on civic space. The Bill, first introduced in 2021, was signed into law by President Emmerson Mnangagwa in April 2025 despite widespread local and international condemnation.

The government justified the law as part of efforts to align Zimbabwe's legislation with recommendations by the Financial Action Task Force (FATF) on anti-money laundering and counter-terrorism financing. However, CSOs argue that the provisions go far beyond those objectives, granting sweeping powers to the minister and registrar of PVOs to interfere in the governance and operations of non-profit organisations.

Rights defenders say the Act enables arbitrary deregistration of organisations on vague grounds such as being "contrary to national interest", expands the definition of PVOs to include trusts and other non-profit entities, and criminalises non-compliance by CSO leaders with penalties of up to two years in prison.

They also criticise the law for banning organisations from engaging in any activity deemed political, including supporting or opposing a party or candidate, and for imposing onerous reporting and donor disclosure requirements that threaten funding flows.

Local and international human rights groups, including United Nations experts, have called for the repeal of the law, warning that it violates freedom of association and will have a chilling effect on civic participation and dissenting voices in Zimbabwe.

The High Court application is pending.
- newsday

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