CSOs write open letter to Parly over the constitutionality of the PVO amendment bill

Civil Society Organisations (CSOs) in Zimbabwe have written an open letter to the National Assembly citing the “constitutionality” of the Private Amendment Bill. 

Below is the full statement:

CONSTITUTIONALITY OF THE PRIVATE VOLUNTARY ORGANISATIONS (PVO) AMENDMENT BILL BEFORE PARLIAMENT

We write on behalf of the undersigned Civil Society Organisations (CSOs) to urgently express our concerns with regards to the constitutionality of the Private Voluntary Organisations Amendment Bill, 2021, in terms of the processes so far and its current content

2 CSOs have noted that the Bill has undergone extensive additional amendments that have reshaped the substance of the Bill that was discussed in public hearings and consultations. These amendments were presented in the National Assembly by the Minister of Public Service, Labour and Social Welfare on 26 July 2022, having initially appeared in the Parliament Order Paper of 7 June 2022. We are particularly concerned that the amendments have been introduced without public consultations. This has been done in violation of section 141 of the Constitution (2013), which mandates Parliament to invoke public participation in its legislative processes through a process of consultation with interested stakeholders

3. Since the gazetting of the PVO Amendment Bill, 2021, CSOs have presented numerous oral and written submissions to government authorities, highlighting concerns about the constitutionality of the provisions of the Bill and their adverse effect on freedom of association, freedom of peaceful assembly, the right to privacy, political rights, labour rights, the right to a fair hearing and the right to administrative justice. A detailed legal analysis of the Bill was produced by CSOs, and is hereto attached as Annexure A.

In December 2021, four United Nations Special Rapporteurs that include Mandates of the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism wrote a letter to His Excellency the President of the Republic expressing their concern. They stated that the Bill falls short of the international human rights. benchmarks, notably freedom of association. This letter is attached as Annexure B.

5. CSOS have thus far met with the Parliamentary Portfolio Committee on Public Service Labour and Social Welfare, officials from the Ministry of Public Service Labour and Social Welfare, and the Minister of Justice, Legal and Parliamentary Affairs. On 11 April 2022, CSO representatives met with the Minister of Justice, Legal and Parliamentary Affairs as leader of Government business in Parliament, where representations were made on CSOs concerns with the Bill. These concerns include the compulsory registration of all CSOS, the absence of transitional provisions pending reregistration, the extensive ministerial powers to interfere with internal governance of CSOs including to replace executive committee members, the undefined prohibition and criminalisation of “political support, the harsh criminal penalties, the unilateral designation of organisations as being at high risk of terrorism abuses and additional imposition of harsh measures upon designated organisations, among others. In that meeting the Minister of Justice agreed to introduce various progressive amendments as suggested by CSOs, such as: introducing transitional provisions granting those CSOS currently operating lawfully but not registered as PVOS six months to regularise their registration under the new Act, reviewing the composition of the PVO Board to a manageable number and to be more representative of PVOS, and reviewing and reducing the penal provisions. Following this meeting CSOs had the impression that the Government had taken these submissions seriously and would revert with less draconian provisions. On 12 April 2022, the Minister of Justice reported to the National Assembly confirming that he had consulted with CSOS and there were agreements that had been reached on some of the provisions and that he had made undertakings to incorporate CSOS’ suggestions. To CSOs’ surprise, the Amendments that were introduced to the Bill in July 2022, introduced new clauses altogether that do not speak to the issues discussed with the Minister.

6. Following the introduction of the amendments, CSOS produced a detailed legal analysis of the import of the amendments, including how they violate the Constitution. This analysis is attached as Annexure C. In addition to presenting further amendments to the PVO Bill, the amendments also seek to amend other Acts relating to Money Laundering, which are the Criminal Matters (Mutual Assistance) Act and the Money Laundering and Proceeds of Crime Act, notably on proliferation financing. The amendments are consequential and create offences with hefty penalties, and have no specific relevance to the PVO Act. The introduction of material amendments to other laws in a non-related Act, without subjecting the proposed amendments to public hearings, contravenes section 141 of the Constitution and tenets of participatory democracy.

7. Mr Speaker Sir, your office is mandated to ensure that due process is followed in the process of law-making. In this case, your office has an important bearing in ensuring that the processes leading to the passage of laws abide by the letter and spirit of the Constitution. We fear that allowing the current process of amending the PVO Act and the substance of that Bill without consultation, will depart from that mandate.

8. The proposed Bill, as amended, will have dire consequences of restricting civic space, the work of civil society, and access to humanitarian support services in Zimbabwe provided by non-state actors.

9. Under the circumstances, we implore upon your esteemed office to insist on due procedure, and to insist on the adherence of the proposed law to the Constitution. While we note the reading in the National Assembly of the non-adverse report on constitutionality of the Bill by the Parliamentary Legal Committee, the unconstitutionality of most provisions of this Bill are self-evident. We propose that the Bill be withdrawn, and that a comprehensive process of fresh consultations be held with the public and CSOS.

10. We trust you will consider our submissions and look at them favourably, in the name of our supreme C on stitution, and in the name of strengthening our democracy in Zimbabwe.

Yours sincerely,

On behalf of:

Alliance for Community Based Organizations Amnesty International-Zimbabwe Civic Education Network Trust Counselling Services Unit Crisis in Zimbabwe Coalition Gays and Lesbians of Zimbabwe Heal Zimbabwe Trust Legal Resources Foundation Masakhaneni Projects Trust Media Alliance of Zimbabwe National Transitional Justice Working Group Research and Advocacy Unit Transparency International – Zimbabwe Veritas Women and Law in Southern Africa Zimbabwe Coalition for Debt and Development Zimbabwe Lawyers for Human Rights Zimbabwe Human Rights Association Zimbabwe Human Rights NGO Forum Zimbabwe Peace Project