Spirited efforts by President Emmerson Mnangagwa’s administration to enact the contentious Private Voluntary Organisations Amendment (PVO) Bill are seen as a deliberate attempt to constrict civil society in the face of a weakened opposition.
The bill, introduced in 2021 under the pretext of curbing money laundering and the financing of terrorism by perceived hostile and Western-funded non-governmental organisations (NGOs), has faced stiff resistance from civic rights activists.
Under the proposed legislation, the government's directive compelling NGOs to submit their work plans in a bid to regulate civil society activities was struck down by the High Court three years ago.
At that time, the Zimbabwe Human Rights NGO Forum and the Crisis in Zimbabwe Coalition, who were cited as applicants against Harare’s Provincial Development Coordinator Tafadzwa Muguti, argued that the state’s manoeuvres to regulate civil society were unconstitutional.
In the intervening period, Mnangagwa’s administration has faced criticism for deploying lawfare to weaken the Citizens Coalition for Change (CCC), formerly led by Nelson Chamisa, after the 2023 elections.
Lawfare refers to the strategic weaponisation of the law, often by the government, to silence dissent and choke opposition.
One such law, criticised for muzzling the constitutional rights of citizens, is the Patriotic Act, enacted last year. This law, which includes severe sentences, criminalises citizens for participating in meetings discussing sanctions and military interventions, or planning to subvert or overthrow a constitutionally elected government.
Following the 2023 elections, which received negative reports from observer missions from the Southern African Development Community (Sadc), European Union (EU), Commonwealth, and the United States, Speaker of Parliament Jacob Mudenda approved an application by self-proclaimed CCC secretary-general Sengezo Tshabangu to recall scores of the party’s legislators from Parliament and local government councils. Subsequent by-elections, largely won by Zanu PF, guaranteed the party a two-thirds majority in Parliament.
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Ironically, Mnangagwa’s administration has failed to rein in the Forever Associates Zimbabwe (Faz), which has been blamed for influencing election results in favour of Zanu PF.
Faz, an NGO with strong ties to the Central Intelligence Organisation and headed by its deputy director-general Asher Walter Tapfumaneyi, was singled out by Sadc’s electoral observer mission for unconstitutionally dabbling in the 2023 polls to tilt the vote in favour of Zanu PF.
A report by the US-based Sentry, an investigative and policy organisation, highlighted Faz’s alleged role in funding Zanu PF and intimidating voters ahead of the elections.
Sentry’s report published this year reads: “The CIO also ramped up expenditure before the elections, spending US$23 million on 780 vehicles since January 2022, almost as much as the US$25 million spent from 2016 to 2021.
“In the past, the CIO has allegedly used similar vehicles in the beating and intimidation of opposition supporters.”
Regarding the PVO Bill, recent public meetings to deliberate on the legislation, which Mnangagwa has not yet signed into law, have been disrupted by Zanu PF members.
Last year, Mnangagwa refused to sign the bill and referred it back to Parliament for reconsideration, sparking hope that the government was reconsidering its campaign to enforce the law.
At that time, legal watchdog Veritas noted that the law was an affront to constitutionalism.
“We do not know the President’s reasons for referring the Bill back to Parliament: Whether he considered it unconstitutional, because it certainly is, or whether he had other reservations about it. No doubt his reasons will be explained to the National Assembly in due course,” Veritas observed in 2023.
However, the bill, now in its final reading stages in Parliament, has been criticised by analysts as an attempt by the government to capture and cripple civil society. Political analyst Reuben Mbofana described the PVO Bill as “draconian.”
“Unfortunately, the implications of this proposed PVO Bill are already being felt both by civic society in Zimbabwe and ordinary citizens,” Mbofana said.
“The mere threat of placing such draconian measures by the government upon the operation of organisations that are supposed to be non-governmental has scared away potential donors leading to severe limitations on the work those, especially involved in humanitarian work, are able to carry out on the ground.
“This has motivated the regime to silence these organisations by crippling their funding and even banning them under the pretext of violating the law,” he opined.
Another analyst, Rashweat Mukundu, argued that the legal instrument was a systematic attack on civil society organisations perceived to be pushing for regime change on behalf of the West.
“The PVO Bill is part of the systematic attacks against any groups perceived to be oppositional and critical of the Zanu PF government,” he said.
“This is part of the complete political strategy of decimating the opposition in Zimbabwe and voices that may speak against bad governance and corruption.”
