Zimbabwe’s Parliament is embroiled in a heated debate over the controversial Private Voluntary Organisations (PVO) Amendment Bill, which has sparked intense criticism from lawmakers and civic society organisations amidst the country’s worsening economic crisis.
The Bill, aimed at regulating NGOs, has been accused of attempting to muzzle civil society and stifle international aid at a time when Zimbabwe desperately needs assistance.
Justice Minister Ziyambi Ziyambi defends the Bill, alleging that non-governmental organisations (NGOs) engage in politically partisan activities, using foreign or public funds to influence elections, which is harmful to the concept of charity.
He says the Bill aims to regulate this behavior and ensure accountability in the charity sector.
Ziyambi says some charities have bypassed the PVO Act by registering as trusts, which was originally intended for family or private trusts, not for public charity purposes.
“We are also, as the Government, aware that some so-called charities act in a politically partisan manner by directing money to favoured political parties or candidates at the expense of other political parties or candidates.
“Partisan assistance using foreign money or money collected from the public under the guise of charity must never be allowed to influence the outcome of national or local elections.
“In many developed countries, this kind of behaviour is understood to be harmful to the very idea of charity.
“In the United States for example, you cannot register any organisation as a non-profit organisation for tax purposes if that organisation campaigns or canvasses for any political candidate or party,” Ziyambi said.
The Bill, which seeks to regulate the operations of NGOs, has been criticised for its timing, with many arguing that it comes at a time when the country is in dire need of assistance from the international community.
Dzivarasekwa legislator Edwin Mushoriwa is opposing the Bill, citing several concerns. He argues that Zimbabwe is currently seeking international assistance, and passing this Bill would send the wrong signal.
“I just want to emphasise that this year, as a country, we have actually extended a begging bowl so that we could be in a position to feed the nation. One of the things that you do not want to do is the timing of bringing such a Bill before this august House.
“We cannot, Madam Speaker, at a time when we are at our lowest, when we need to be assisted, we then bring such a Bill,” Mushoriwa said.
Zimbabwe is currently facing a severe economic crisis, characterised by food shortages, power outages, and a debilitating drought that has left millions in need of assistance.
The government has appealed to the international community for aid worth US$2 billion, with President Emmerson Mnangagwa recently visiting Russia to seek assistance.
Mushoriwa believes most provisions in the Bill are ultra vires the Constitution and would be struck down by the Constitutional Court.
“I wanted to point out to you, Madam Speaker that first and foremost, if you read this Bill in its entirety, you find that most of the provisions in this Bill, I am quite confident and sure that the Constitutional Court, if it is subjected, suppose we have to pass this Bill, most of these provisions will be found to be ultra vires the Constitution.
“In fact, Madam Speaker, you will find that some of the provisions that are contained in this Bill, in 1997, the Supreme Court made a ruling that said the same importation that have been brought into this Bill was found by the courts to be ultra vires the Constitution,” he said.
The Bill grants the Minister of Public Service, Labour and Social Welfare excessive powers to meddle in PVO affairs, suspend management without a hearing, and make changes without notice.
The Bill also contradicts the Government’s position paper on debt resolution, which emphasizes cooperation with civic societies.
The Bill seeks to undermine PVOs, which have contributed significantly to the economy, capacitated MPs, fed the nation, and addressed climate change.
Supporters of the Bill, however, argue that it is necessary to prevent the abuse of NGOs by foreign powers.
“We have had NGOs that have had a system of coming and trying to assist – in Shona they say vanouya vakafuga matehwe ehwai idzo dziri mbada,” said Zanu-PF Zvimba South MP Taurai Dexter Malinganiso.
“Why do I say so, Madam Speaker? NGOs would approach Government, they are cleared to hand out food stuffs but within their pockets, individuals would find papers and descriptions campaigning for certain political parties.”
He added: “Even so Madam Speaker, the fact that we have hunger must not be a cause for failure to enact our own laws.”
The debate on the PVO Bill is expected to continue in the coming days, with many lawmakers and civic society organisations calling for the legislation to be withdrawn or significantly amended.
As the country grapples with its economic crisis, the timing of the Bill has been widely criticised, with many arguing that it is not in the best interests of Zimbabwe.
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