PVO Bill Clears Senate, Awaits Mnangagwa’s Signature

Zimbabwe’s Senate has once again passed the controversial Private Voluntary Organizations (PVO) Amendment Bill, marking a significant step in its journey to becoming law. The bill, which has faced strong opposition from civil society, is now awaiting President Emmerson Mnangagwa’s final approval.

This Thursday, the Senate read the bill for the third time after it was returned to the National Assembly for amendments two weeks ago. This marks the second time the bill has passed through the Senate, and all eyes are now on President Mnangagwa to see if he will sign it into law.

Last September, Mnangagwa rejected the bill, sending it back to Parliament for reconsideration. Despite this, the Senate passed it again in February 2023, only for Mnangagwa to decline his signature. Now, with the bill once more cleared by Parliament, a decision from the president is imminent.

Acting Senate President Eleven Kambizi hailed the passing of the bill as a historic moment, stating, “It will clean up a lot of issues that were happening within our charity organizations.” Kambizi’s remarks reflect the government’s stance that the bill is a necessary tool for regulating Zimbabwe’s charitable sector.

Justice Minister Ziyambi Ziyambi expressed gratitude to the Senate, celebrating the passage of the bill. He said, “l want to thank the Hon. Senators for this day that the Lord has made, whereupon our Parliament has passed the Private Voluntary Organizations Amendment Bill.”

Ziyambi also explained why the government sees the bill as essential, emphasizing the need for better administration, accountability, and transparency among charities. He noted that many organizations collecting money from the public or foreign donors must be registered as Private Voluntary Organizations (PVOs) under Zimbabwean law.

The minister further pointed to concerns about certain charities acting in a partisan manner, channeling funds to favored political parties or candidates. Ziyambi argued that this kind of interference must not influence the outcome of national or local elections, drawing comparisons with regulations in other countries such as the United States.

In his statement, Ziyambi highlighted how the U.S. prohibits non-profit organizations from campaigning for political candidates or parties if they are to maintain their non-profit status for tax purposes. He suggested that Zimbabwe must adopt similar standards to ensure the integrity of its charitable sector.

Ziyambi also raised concerns about some organizations circumventing the existing PVO Act by forming “trusts” under the Registrar of Deeds, Companies, and Intellectual Property. The new bill seeks to close this loophole, ensuring that all such entities fall under stricter regulatory oversight.

However, the bill has not gone unchallenged. It has faced significant resistance from civil society organizations (CSOs), which argue that the bill could stifle their work. When it was first gazetted in November 2021, the bill drew widespread condemnation, both nationally and internationally. Critics, including Amnesty International, argued that the bill aimed to combat money laundering and the financing of terrorism but failed to adhere to global standards, such as those outlined by the Financial Action Task Force (FATF).

The FATF’s recommendations call for a proportionate, risk-based approach to addressing money laundering and terrorist financing risks in the non-profit sector, a process that would involve consultation with CSOs. Critics say the PVO Amendment Bill lacks these safeguards, raising concerns about its potential impact on Zimbabwe’s civil society.

Despite this opposition, the government appears determined to see the bill enacted. With President Mnangagwa now holding the final decision, Zimbabwe awaits what could be a pivotal moment for the country’s charitable organizations and their role in the nation’s social and political landscape.

The Zim Bulletin