The recent passing of the Private Voluntary Organisations (PVO) Amendment Bill on 17 October 17, 2024 by the Senate casts a dark shadow of uncertainty over the noble work of charity organisations (NGO’s) across Zimbabwe.
This un-democratic passing has stirred the very roots of the humanitarian landscape, resembling the ominous presence of the Damocles sword, signing the death warrant for democracy, NGO’s and plunging over five million vulnerable Zimbabweans reliant on NGOs into a state of uncertainty and unease.
Since 2004, the NGO Bill, now known as the PVO Amendment Bill has been an ominous presence — a dreaded peril by professionals, students, partners, families working for NGO’s and the over five million beneficiaries of the same.
The version of the PVO Amendment Bill gazetted on March 1,2024 is a mirror reflection of the 2021 version which also borrowed from the same draconian notes of the 2004 version.
The second version of the PVO Bill gazetted on 1 March 2024 followed the lapse of the PVO Bill of 2021 in the immediate aftermath of the August 2023 elections when the 9th parliament tenure ended.
On the occasion of the passing of the Bill, Justice, Legal and Parliamentary Affairs minister Ziyambi Ziyambi, noted, “l want to thank the Hon. Senators for this day that the Lord has made, whereupon our Parliament has passed the Private Voluntary Organisations Amendment Bill [H.B. 2A, 2024].”
Dear Ziyambi, there was nothing Lordly about the day Senate passed the PVO Bill as this is tantamount to signing the death warrant for democracy and millions of Zimbabweans dependent on humanitarian support of NGO’s.
Ziyambi argued that, “the Bill was a necessary measure to improve the administration, accountability, and transparency of charities in the country”.
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Government choses to be ignorant to the fact that, if this is the objective of the Bill then there are other alternative ways of achieving that like NGO’s self-regulation.
Unfortunately, for NGOs across the country, the PVO Amendment Bill looms like a Tyrannosaurus Rex, with its formidable teeth poised to tear through the fabric of humanitarian efforts.
NGOs, often heralded as beacons of hope, now find themselves trudging through the treacherous terrain of regulatory restrictions, risking their very existence.
With the amendment proposing stringent measures, including the mandatory registration and compliance with state directives, the autonomy and efficacy of these organisations are jeopardized.
The Bill also grants the government sweeping powers to control the operations of NGOs, including the ability to suspend or cancel the registration of organizations deemed to be acting against the national interest.
Economically, the implications of this Bill are dire.
NGOs, often playing a pivotal role in mitigating poverty and facilitating community development, face a Herculean task in fulfilling their mandates.
The ripple effect of this legislative manoeuvre will send shockwaves through the social and economic fabric, compounding the hardships of those already battling adversity.
Analysing the former version of the Bill, the Zimbabwe Human Rights NGO Forum exposes the economic impact of the Bill in their classical report, “Punching Holes into a Fragile Economy: The Possible Economic Impact of the Private Voluntary Organisations Amendment Bill” .
The report meticulously posits that, “the contribution by NGOs to tax revenues ranged from US$4,000 to US$35,000 per month depending on the size of the NGO…….during the period January to September 2021, the country received development assistance amounting to US$647.8 million, of which US$401.9 million was from bilateral partners and US$245.9 million from multilateral partners”.
It is important to note that, all this money is channelled through NGO’s whose very existence is threated by the PVO Bill.
These bilateral and multilateral partners prefer working with NGOs because they have fewer leakages and are less susceptible to efficiency gaps and corruption.
Sadly since 2004, NGOs have been operating with fear, uncertainty, and insecurity emanating from efforts by government to overregulate them, de-register, shut down and interfere in their operations.
Through its Damocles sword – the PVO Amendment Bill, the government of Zimbabwe fails to realize that, NGOs merely exist to serve the people and compliment government work towards the same.
The symbiotic relationship between NGOs and the beneficiaries they serve is reminiscent of a delicate ecosystem.
Rapid disruptions caused by the PVO Amendment Bill bear the potential to devastate the lives of over five million Zimbabweans who rely on NGO interventions for essential services, protection, and sustenance.
It is not a mere legislative adjustment; it is an earthquake of seismic proportions, threatening to shake the foundations of an already vulnerable populace.
In the hallowed halls of scholarly discourse, this development evokes comparisons to historical oppressions that have sought to stifle dissenting voices.
From Posa to Mopa, to the “Patriotic Act” and this ever-looming NGO law, the government continues to weaponize the law to close civic space, stifle freedom of expression and incite fear.
In September 2023, President Mnangagwa refused to assent the PVO Amendment Bill into law. He instead, referred it back to Parliament for reconsideration after the Senate had passed the bill on 1 February 2023.
According to section 131(6) of the constitution, the President must assent to the Bill within 21 days and have it published in the Government Gazette. However, if the president has reservations about the Bill, he must within that period either assent to the Bill and sign it, despite those reservations; or refer the Bill to the Constitutional Court for advice on its constitutionality.
This time around. Considering how the Bill was fast-tracked in Senate, the latter is least likely to happen.
The PVO Amendment Bill, if not navigated with judicious foresight, risks incredulously mirroring the heavy-handed tactics of bygone eras, suppressing the space for dialogue, civil society, and grassroots movements.
The very essence of democracy and human rights is put at stake. As we navigate this tumultuous terrain, it is incumbent upon all stakeholders to champion a spirit of dialogue and constructive engagement.
The sanctity of humanitarian operations must not be sacrificial lambs on the altar of political expedience.
The voices of the marginalized and downtrodden, uplifted by the tireless efforts of NGOs, must not be muzzled by bureaucratic constraints.
The PVO Amendment Bill has flung the doors of uncertainty wide open thrusting NGOs and their beneficiaries under the Damocles sword.
This advocacy Op-ed is a call to action for solidarity, resilience, and unwavering advocacy.
The spirit of humanity, transcending political borders and agendas, must stand as an indomitable force, fortifying the vanguards of compassionate intervention.
For in the face of adversity, the moral compass of society must steadfastly point towards safeguarding the vulnerable and upholding the principles of justice and equity.
The president must put to death the PVO Amendment Bill and usher in an era of organised self-regulation by NGOs.
*Phillip Nyasha Fungurai is a human rights activist, monitoring and evaluation specialist and interdisciplinary researcher in the fields of human rights, peace, governance, civic participation, development management and youth development. He can be contacted on [email protected]
