Govt, NGOs angle for consensus on PVO Bill

Sunday Mail Reporter

WHEN the Government first gazetted the Private Voluntary Organisation (PVO) Amendment Bill in 2021, most non-governmental organisations (NGOs) and civil society organisations (CSOs) opposed the move.

The Government said the Bill was crafted to address governance issues in these organisations and prevent them from being used as channels of financing terrorism and other illicit activities.

It also sought to penalise those that strayed from their mandate.

However, the organisations claimed the Bill would cripple their operations.

Amid intense debate, President Mnangagwa, who felt the proposed amendments did not meet expectations, sent the Bill back to Parliament for reconsideration.

Last week, the Government, led by Justice, Legal and Parliamentary Affairs Minister Ziyambi Ziyambi, met with officials of NGOs and CSOs for public hearings, which are a crucial step in the law-making process.

Frank and open discussions allowed all stakeholders to voice their concerns.

In his remarks, Minister Ziyambi said the Bill was not peculiar to Zimbabwe.

“The primary purpose of what motivated us to amend the PVO Bill were recommendations from the Financial Action Task Force. We then broadened it to say, let’s look at the nature in which our laws that govern PVOs are. We then decided to streamline them,” said Minister Ziyambi.

“The majority of countries have an Act that deals with regulations of the NGO sector, so we are not the only one. We are also doing it to ensure that we protect those individuals who will donate to those charitable organisations.”

The Government, he said, will include recommendations by NGOs and CSOs to prepare amendments to the Bill.

“This is so encouraging if we come together in forums like this where the relevant stakeholders would have researched on a particular Bill, present detailed analysis . . . and come up with a common position.”

Minister Ziyambi said, since it was impossible for the Government and NGOs and CSOs to agree on everything, it was critical to reach a consensus.

“Some things we will agree to and some we will not, but in the end, we will come up with something that is a compromise. I believe the session we had made us agree on a lot of issues. If there are any issues that we have not agreed on, these might be very minor, and they will not affect the work of our CSOs.

“As Government, we are saying, if you want do work as a charitable organisation, go and register as a PVO, but if you want to use your own money and set up a trust to look after children, for instance, and not getting money from members of the public, that is allowable.”

One of the concerns raised by CSOs was the inordinate delays in registering trusts and PVOs.

Secretary for the National Association of Non-Governmental Organisations Mr Michael Ndiweni said: “One issue we are concerned about is the turnover period. It has been a problem that to apply, it may take you six months to a year or more. They should speed up the turnover time.”

He also called for the PVO Bill to be harmonised with other existing legislation.

“Local authorities currently sign memorandums of understanding with trusts, PVOs and they demand reports every month. PVOs, trusts and common investors do submit these reports and some even share their audited reports. For me, I think these laws should be harmonised.”

Legal expert Dr Innocent Maja said there is need to expand the definition of PVOs.

“Some aspects that you find in the definition of non-profit organisations define an NGO as a leader or person, arrangement or organisation that primarily engages in raising or disbursing funds,” said Dr Maja.

“I emphasise that for purposes that are listed, perhaps if we could also add the whole aspect of primarily engaging in raising or disbursing funds in the definition of a PVO so that it’s clear what the activities of that particular PVO are, and this will make it compliant.”

After the public hearings, the PVO Bill is set to go through other parliamentary processes before it is eventually sent to the President to sign it into law.