In a move that has ignited fierce debate and drawn international condemnation, ‘s President Emmerson Mnangagwa has signed the Private Voluntary Organisations (PVO) Amendment Act into law.
The legislation, ostensibly aimed at regulating the operations of non-governmental organizations (NGOs), has been widely decried as a draconian assault on civil society, granting the government unprecedented control over entities that often provide crucial social services and advocate for .
The government insists that the law is necessary to prevent money laundering and the financing of terrorism. However, critics argue it is a thinly veiled attempt to , particularly in the lead-up to future elections.
Civil society cries foul
“Our constitutional rights are being infringed upon,” Benny Lutshani Moyo, an academic and social activist, told DW. He expressed deep concern over the law’s implications.
“We believe strongly that it empowers the minister and the secretary. Too much power over voluntary organizations. It is difficult enough now to register a [Private Voluntary Organization] PVO, but now they will make it almost difficult because the ministry will be overwhelmed,” Moyo said.
The increased ministerial oversight extends to registration, governance, and even the ability to solicit funding, effectively placing NGOs’ fate in the hands of the executive.
Severe penalties for offenders
The legislation establishes strict definitions for “beneficial owner” and “controller,” while imposing penalties of up to 35 years’ imprisonment for illicit financing.
The government can also deregister organizations, seize assets, or completely dissolve entities found to be non-compliant with the new regulations.
“The problem now is that and is seen as trying to use the legitimate requests for regulation in order to control… to use as a disguise for repression,” Arnold Tsunga, a legal expert at the International Law Organization, told DW.
The law’s provisions regarding the disclosure of funding sources have triggered particular alarm. “We also think that the ministry wants to use the information obtained from the finances to snoop into who is funding whom so that they can then target those people who are funding us for that purpose,” Moyo said, adding that it was not a good idea to disclose the identities of those who fund their organizations.
The government’s suspicions
Zimbabwe’s apprehension stems from towards NGOs, often accused of being conduits for foreign interference and regime change agendas.
Lutshani noted that requiring the disclosure of donors not only exposes these funders to potential harassment but also creates a chilling effect, potentially drying up crucial financial support for civil society initiatives.
The Mnangagwa administration has consistently maintained that the PVO Amendment Act is necessary to enhance transparency and accountability within the NGO sector, primarily to combat illicit financial flows.
“There is no evidence that money is being laundered through private organizations,” Moyo stressed, warning of the law’s potential impact on civil society operations.
For lawyer Tsunga, the law has to be applied uniformly without selectivity.
“It has to be very clear that it is not being used to target anyone for repression as a result of their fundamental rights, in particular the right to and the right to freedom of association.”
Tough road ahead for NGOs
“Civil society organizations will not be able to employ and pay their own personnel. Two, they will face financial challenges; raising funds internally is almost difficult,” Moyo noted. He said the number of civil society organizations will likely reduce because “they will not be able to function without external funding.”
Dr. Blessing Vava, the Regional Director of the Crisis in Zimbabwe Coalition (CiZC), echoed Moyo’s sentiment, calling the government’s rationale a “scapegoat.”
“There has not been any evidence that the funds that were meant, you know, for charity work has been channeled, you know, to money laundering or to fund terrorist activities. So this is just a scapegoat by the government of Zimbabwe and this law will negatively impact the work of civil society.”
The EU’s ‘scathing’ response
The Ambassador to Zimbabwe, Jobst von Kirchmann, delivered a scathing indictment of the legislation and its potential consequences.
“Zimbabwe has over $21 billion (€18 billion) in debt and arrears with bilateral and multilateral creditors,” he stated, noting the country’s delicate economic situation.
“As a consequence, the European Union has decided to discontinue its planned targeted 2025 ‘s good governance initiatives under the structured dialogue framework,” von Kirchmann said.
The EU envoy, however, added that the bloc remained engaged and ready to reconsider its position should the government demonstrate a genuine commitment to meeting the governance targets outlined in the process.
Edited by: Chrispin Mwakideu
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