By Chantelle Muzanenhamo
Zimbabwe Lawyers for Human Rights (ZLHR) has approached the High Court to have certain provisions of the recently enacted PVO Amendment Act declared unconstitutional and nullified, arguing that these laws unjustly restrict the fundamental rights of PVOs and give excessive, arbitrary power to the government.
They contend that the amendments criminalize legitimate activities, impose unnecessary regulations, and threaten the independence of civil society organizations, which warrants their nullification to protect constitutional rights and prevent unjustified state interference.
In their application, filed on May 16, ZLHR argues that the amendments, published in the Government Gazette on April 11, 2025, unfairly criminalize legitimate development and human rights activities carried out by PVOs. The organization contends that the law imposes excessive regulations that infringe on the rights of PVOs to operate freely.
“ZLHR opines that the impugned amendments contained in the PVO Amendment Act constitute unconstitutional over-regulation, over legislation and criminalisation of innocent important charitable, developmental and human rights work,” the organization stated.
ZLHR also asserts that the law violates several constitutional rights, including the right to freedom of assembly and association under section 58(1), freedom of expression under section 61, the right to administrative justice under sections 68(1) and (2), the right to a fair hearing under sections 69(1), (2), and (3), and property rights protected by section 71. The organization criticized the law for being vague and poorly drafted, which grants arbitrary powers that could lead to over-regulation of PVOs.
“The PVO Amendment Act centralises arbitrary power in the hands of the Minister of Public Service, Labour and Social Welfare and the Registrar’s office, leading to excessive executive interference in the internal operations of PVOs,” ZLHR said. They added that these provisions effectively empower the government to control PVOs and deregister organizations deemed undesirable on unclear grounds.
ZLHR is requesting the High Court to declare sections 4, 5 (as read with section 9(5)), sections 6, 13A, 14, and 21 of the PVO Amendment Act unconstitutional and ultra vires the Constitution. They seek an order to have these provisions set aside. The ruling, if made, will require confirmation by the Constitutional Court under section 175(1) of the Constitution. Additionally, any declaration of invalidity will be suspended for 12 months after the Constitutional Court’s confirmation, giving the government time to amend the law to ensure it complies with constitutional requirements.