By Watmore Makokoba
The Private Voluntary Organisations Amendment Bill, a controversial piece of legislation that aims to regulate non-governmental organizations (NGOs) in Zimbabwe, has undergone significant changes during its passage through the National Assembly.
While the bill’s overall objectives remain the same, several key amendments have been introduced. Here are seven of the most important amendments to the PVO Bill:
New Preamble: A new preamble has been added to the bill, recognizing the important role of PVOs in serving the public good and supporting development. While this may seem like a positive step, critics argue that it does little to address the substantive concerns raised about the bill’s provisions.
Retained PVO Board: The PVO Board, which was originally proposed to be abolished, will now remain in place. However, its composition will be changed to reduce the number of PVO representatives.
Revised Registrar Powers: The Registrar of PVOs will no longer have the same level of authority as in previous versions of the bill. The decision on final registration of PVOs will now rest with the PVO Board, rather than the Registrar.
Unchanged Registration Provisions: The provisions for the registration of PVOs have largely remained unchanged. Unregistered trusts operating illegally will still be subject to orders from the Registrar to get registered, and there will be no appeal to the Board against these decisions.
Limited Appeals: While the bill now includes a right of appeal to the Administrative Court against decisions of the Board or Registrar, the Court’s powers are limited to procedural grounds, such as bias or corruption. Substantive challenges to decisions remain difficult.
Principles Governing PVOs: A new section has been added to the PVO Act outlining principles that PVOs must observe. However, one of these principles, which would have prohibited PVOs from accepting donations from “illegitimate or immoral sources,” has been amended to be less vague.
Amendments to Other Statutes: In addition to amending the PVO Act, the bill also includes amendments to several other statutes, including the Money Laundering and Proceedings of Crime Act and the Criminal Matters (Mutual Assistance) Act.
While these amendments represent some changes to the original bill, critics argue that they do not address the core concerns raised about its potential impact on civil society and human rights. The bill continues to face opposition from PVOs, human rights activists, and international organizations.