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Reading: PVO Bill: Proposed Registration Raises Concerns Over Freedom of Association
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Open Parly ZW > Analysis > PVO Bill: Proposed Registration Raises Concerns Over Freedom of Association
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PVO Bill: Proposed Registration Raises Concerns Over Freedom of Association

The PVO Bill incorporated drastic and adverse changes in regard to the registration of Private Voluntary Organizations.

Editor
Last updated: May 13, 2024 3:12 pm
Editor Published May 13, 2024
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The PVO Bill incorporated drastic and adverse changes in regard to the registration of Private Voluntary Organizations.

The current PVO Act in Section 9 provides for easy and convenient registration rules and processes for PVOs.

The following steps are to be taken to register a PVO:


i. The Secretary for the Local organization applying for registration as a voluntary association should lodge an application with the Registrar through the District Social Services Office in the area where their headquarters is located.


ii. Then the organization lodging an application for registration as PVO must at its own expense publish a notice of intention to be registered as such in a regional/ national newspaper.


iii. The District Social Welfare (DSS) officer then is responsible for the initial assessment of the organization after perusing the application and confirming in writing that the organization intending to register as a PVO has a constitution that aligns with the PVO Act requirements.


iv. From the DSS Officer, the application is then forwarded to the PVO Board which has the ultimate decision to decide whether on the registration of the PVO.


However, the Bill seeks to abolish the PVO Board, a body with some PVO representatives that is responsible for approving the registration and de-registration of PVOs and advising the Minister.

The current Board’s functions will be transferred to the Registrar, a civil servant in the Minister’s Ministry.

The Registrar will be largely under the Minister’s control: he or she will have to comply with general policy directives the Minister may give.

The Registrar will have the powers to consider, grant, or reject the registration of organizations without adequate judicial or administrative recourse at law.


The most notable amendment in the bill is the registration of a PVO to be canceled if it engages in political activities.

The Bill does not explicitly identify the type of acts that could result in cancellation. A PVO which supports or opposes a political party or candidate in an election, or who -in the case of a foreign PVO donates money to a Zimbabwean political party or candidate, violates a provision that makes it a criminal offense and the involvement is referred to as financial terrorism.


This provision violates the right of association which is guaranteed by section 58 of the Constitution.

The Bill minimizes political interference of PVOs in political affairs by refusing registration of PVOs if they support any political party or are involved in political issues.

This if anything instills fear and amounts to a breach of the political rights of the Organisations.

Suffice it to mention trusts registered with the High Court without registering as PVOs will be prohibited from fundraising through a sworn declaration.

This means that Trusts will also be required to be registered as PVOs for them to be legally recognized thereby leading to the conclusion that Trusts which are politically involved will not be granted registration and or deregistered.

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OpenParlyZW is a project of Magamba Network established in 2015 that seeks to open the Parliament of Zimbabwe using digital tools and civic tech to promote and enable engagement between decision-makers & Citizens for a better society for young Zimbabweans

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