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The Zimbabwe Lawyers for Human Rights (ZLHR) has condemned the passage of the controversial Private Voluntary Organisations (PVO) Amendment Bill (H.B.2A, 2024) by the Senate on October 17, 2024.
The government initially gazetted the PVO Amendment Bill on March 1, 2024. This Bill aims to amend the Private Voluntary Organisations Act.
The current amendment follows the lapse of the 2021 PVO Amendment Bill, which the President did not assent to, citing reservations. Said the ZLHR:
<blockquote>
In an alarming move, the Senate fast-tracked and passed the PVO Amendment Bill at supersonic speed on 17 October 2024.
The contents of the PVO Bill passed by the Senate remain elusive as there was no clause-by-clause reading captured in the Hansard.
This Bill has now passed parliament houses despite the flawed consultation and public hearing processes marred with violence.
The passing of the PVO Amendment Bill by the Senate will allow President Emmerson Mnangagwa to sign it.
ZLHR is seriously concerned at the whirlwind speed of deliberations in the Senate House, which took place without much debate and scrutiny.
</blockquote>
The ZLHR expressed shock that, despite the concerns of some local civil society organisations (CSOs), citizens, and regional and international bodies, both Houses of Parliament have passed the Bill. Said ZLHR:
<blockquote>
ZLHR is shocked that even in light of unequivocal and genuine misgivings by a significant segment of local civil society organisations (CSOs), citizens and regional and international organisations and bodies, such as the United Nations Special Procedures, about the PVO Amendment Bill’s contravention of national, regional, and global standards of freedom of association, the harmful law, which tramples upon human rights, was expedited through Parliament.
The March 2024 version is a replica of the November 2021, albeit with more stringent repressive provisions.
The passage of the PVO Amendment Bill by the Senate, compounded by its enactment into law and its destructive effect on civil society, presents a significant setback in the country’s commitment to human rights and will place Zimbabwe in contravention of its human rights obligations, notably on freedom of association.
</blockquote>
According to the ZLHR, the PVO Amendment Bill negatively impacts CSOs, potentially leading to the closure of civic space, which has been diminishing since August 2018.
The Bill legitimizes excessive executive interference in CSO operations and criminalizes their activities, undermining freedom of association and centralizing executive power over the registration of PVOs through the Registrar’s Office.
The human rights lawyers argued that the Bill contravenes Zimbabwe’s international commitments to uphold the right to freedom of association and ignores the guidelines of the African Commission on Human and Peoples’ Rights.
The Bill threatens the ability of civil society to operate freely, which is crucial for protecting human rights and providing essential services, thereby contributing positively to the economy.
The ZLHR said the Minister of Justice claims the Bill responds to FATF Recommendations aimed at combating illicit financial flows, but this justification is seen as a pretext for restricting civic space.
The ZLHR further argued that the FATF’s revised Recommendation 8, intended to protect NPOs from terrorist financing abuse, is being misapplied by the Zimbabwean government to justify restrictive measures against CSOs.
The human rights lawyers have urged President Emmerson Mnangagwa and the government to reject the Bill, aligning with the wishes of the majority of Zimbabwean citizens and respecting their aspirations for civic freedom.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

The Senate passed a controversial Bill on October 17, 2024, which aims to change the way Private Voluntary Organisations (PVOs) operate in Zimbabwe. The Zimbabwe Lawyers for Human Rights (ZLHR) are not happy about it. They feel the Bill was rushed through without proper discussion and consultation. The ZLHR believes the Bill will limit the freedom of organizations that help people and could even lead to their closure. They are asking President Mnangagwa to reject the Bill and listen to the concerns of the people who want to keep their freedom to help others.

Senate Passes Controversial PVO Amendment Bill

Disputed Citizens Coalition for Change (CCC) interim secretary-general <a href="https://pindula.co.zw/Sengezo_Tshabangu">Sengezo Tshabangu</a> is now a member of the Senate.
In a Government Gazette published this Friday, the Zimbabwe Electoral Commission (ZEC) chairperson named Tshabangu among the new CCC lawmakers.
Tshabangu, Teresa Kabondo and Grace Mpande will represent CCC in Matabeleland North Province in the Senate, Maxwell Mdhluri will be the senator for Manicaland, Sam Chapfudza will represent Masvingo, while Lilian Mlilo, Kucaca Ivumile Phulu, Linda Sibanda, and Collet Ndhlovu are the new CCC senators for Bulawayo.
Those who were recalled include Zivira Hellen, Shoko Gideon, Ncube Siphiwe, Sibanda Felix Magalela, Chimhini David Antony, Madzikanda Godfrey, Mativenga, Moyo Anastasia, Gabuza Gabbuza Joel and Sibanda Tenda.
CCC candidates nominated to fill Proportional Representation vacancies in the National Assembly include Nomvula Mguni, Otilia Sibanda, Lungile Ncube and Sikhuphukile Dube all from Bulawayo. Sibongile Maphosa will fill the same vacancy for Matabeleland South Province.
The recalled were Mlilo Stabile, Toffa Jasmine, Dube Janeth, Nkomo Velisiwe and Zana Sivina Evidence.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Sengezo Tshabangu Now A Senator

Mabel Chinomona has been re-elected as the President of the Senate with Retired General (Rtd) Mike Nyambuya re-elected her deputy.
The elections were held on Friday afternoon at the New Parliament building in Mt Hampden.
ZANU PF’s Chinomona garnered 50 votes beating the Citizens’ Coalition for Change (CCC)’s Felix Magalela Sibanda who received 25 votes.
Nyambuya (ZANU PF) was elected Deputy President of the Senate after getting 49 votes, against CCC’s Maggie Chakabuda who received 26 votes.
<figure class="wp-caption alignnone" style="width: 1080px"><img alt="Image" decoding="async" height="720" loading="lazy" src="https://pbs.twimg.com/media/F5g8-FmWEAAzopn?format=jpg&amp;name=medium" width="1080"/><figcaption class="wp-caption-text">Mike Nyambuya</figcaption></figure>
Chinomona and Nyambuya were duly sworn in by Chief Justice Luke Malaba. Nyambuya also becomes the Chairperson of Committees.
Earlier on Friday, ZANU PF’s Jacob Mudenda was re-elected unopposed as the Speaker of the National Assembly also at the New Parliament Building at Mount Hampden in Harare.
Tsitsi Gezi, also of ZANU PF, was re-elected Deputy Speaker of the National Assembly unopposed after opposition party CCC National Assembly members did not turn up for the election.
Zimbabwe has a bicameral Parliament that is divided into two separate houses, that is the National Assembly (Lower House) and the Senate (Upper House).
The composition of the 10th Parliament of Zimbabwe (2023-2028) is as follows:
National Assembly
ZANUPF: 176 MPs.
<ul>
<li>136 direct election.</li>
<li>33 women’s quota.</li>
<li>7 youth quota.</li>
</ul>
CCC: 103 MPs.
<ul>
<li>73 direct election.</li>
<li>27 women’s quota.</li>
<li>3 youth quota.</li>
</ul>
Senate
<ul>
<li>ZANUPF: 33.</li>
<li>CCC: 27.</li>
<li>18 Chiefs.</li>
<li>2 representing People With Disabilities.</li>
</ul>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Mabel Chinomona Re-elected Senate President

The upcoming 10th Parliament of Zimbabwe will consist of two main political parties: the ruling ZANU PF and the primary opposition, the Citizens Coalition for Change (CCC). The ZANU PF party holds the majority of seats in the Parliament, but they were not able to secure the required two-thirds majority.
<h3>The 2023 – 2028 National Assembly will be constituted as follows:</h3>
<ol>
<li>A). ZANUPF: 176 MPs </li>
</ol>
<ul style="list-style-type: circle;">
<li>1.a). 136 direct election.</li>
<li>1.b). 33 women’s quota.</li>
<li>1.c). 7 youth quota.</li>
</ul>
<ol>
<li>B). CCC: 103 MPs.</li>
</ol>
<ul style="list-style-type: square;">
<li>2.a). 73 direct.</li>
<li>2.b). 27 women’s quota.</li>
<li>2.c). 3 youth quota.</li>
</ul>
<h3>The 2023 – 2028 Senate will be constituted as follows:</h3>
<ol style="list-style-type: lower-roman;">
<li>ZANUPF: 33.</li>
<li>CCC: 27.</li>
<li>18 Chiefs.</li>
<li>2 representing People With Disabilities.</li>
</ol>
<h3>Missing National Assembly Constituency:</h3>
The Zimbabwe Electoral Commission (ZEC) postponed the Gutu West constituency election, which was originally scheduled to be held alongside the harmonised polls on August 23, 2023. This decision was made due to the death of one of the candidates, Mr. Christopher Mutonhori Rwodzi, in a road accident that occurred after the nominations had closed.
This postponement is a standard procedure to allow for the nomination of an alternative candidate by those who had originally nominated the deceased candidate. Essentially, this converts the election into a by-election solely for that constituency.
The announcement of the postponement was made by Mr. Utloile Silaigwana, the chief elections officer of ZEC, through a notice published in the Government Gazette. According to the notice, a nomination court will be established at a later date, as advised by the Commission, to solicit fresh nominations for the election of a member of Parliament in the aforementioned constituency.
The Electoral Act mandates ZEC to defer a constituency election in the event of a candidate’s death between the nomination and the polling period, or even during the voting process itself. In such cases, all proceedings related to that election are deemed null and void, and the election process must start anew, following the same procedures as if a vacancy had occurred.
The candidates who were already duly nominated for the Gutu West Constituency do not require fresh nominations. These are John Paradza from ZANU PF and Mr Ephraim Murudu of CCC. However, the surviving candidates or their representatives must inform the constituency elections officer in writing of their intention to remain in the running.
<h3>MDC Missing:</h3>
The Movement for Democratic Change (MDC) failed to secure any Parliamentary seats for the first time in 23 years. Since its establishment in 1999, the MDC has been the primary opposition party in the country. But under the leadership of former Deputy Prime Minister Thokozani Khupe and later Senator Douglas Mwonzora, the party faced criticism for allegedly collaborating with the ruling party, leading to a decline in its popularity. This accusation tarnished the party’s reputation and affected its support among the people.
Furthermore, the MDC has been grappling with a leadership crisis since 2018, which intensified following the passing of its founding leader, Morgan Tsvangirai. These internal struggles have hindered the party’s ability to effectively navigate the political landscape, contributing to its recent electoral defeat.
<h3><a href="https://www.pindula.co.zw/">More Pindila News</a></h3>

Composition Of The Zimbabwean Parliament For 2023-2028

Former Public Service, Labour and Social Welfare Minister, Priscah Mupfumira, is set to return to the Senate following ZANU PF’s victory in Mashonaland West Province in last week’s Harmonised Elections.
Mupfumira is accused of criminal abuse of office which resulted in the alleged siphoning of US$95 million from the National Social Security Authority (NSSA).
She was in the previous Senate but some ZANU PF members tried to have her barred from contesting primaries to be on the party list.
Other ZANU PF Mashonaland West Senators are Christopher Mutsvangwa, Lydia Tsomondo and James Gumbo.
ZANU PF won 16 National Assembly seats against CCC’s 6 across Mashonaland West Province.
As a result, CCC was proportionally allocated two seats which will be occupied by Editor Matamisa and party interim provincial chairman, Ralph Magunje.
According to <a href="https://www.newzimbabwe.com/fraud-accused-ex-minister-mupfumira-bounces-back-as-zanu-pf-senator/">NewZimbabwe.com</a>, President Emmerson Mnangagwa relieved Mupfumira of her ministerial portfolio after she was charged with criminal abuse involving US$95 million of NSSA funds.
She was the Environment, Tourism and Hospitality Industry Minister when she was fired from the cabinet.
Mupfumira also faced two charges after the Zimbabwe Anti-Corruption Commission (ZACC) reportedly established she was involved in money laundering.
The High Court judges of appeal, Justices Benjamin Chikowero and Rodgers Manyangadze this year dismissed an appeal by Mupfumira who was challenging the Magistrates Court’s decision to dismiss her application for discharge at the close of State’s case.
Her application for discharge had been dismissed by Magistrate Ngoni Nduna.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Fraud Accused Priscah Mupfumira Bags ZANU PF Senatorial Post

Reporters Without Borders (RSF), an international non-profit and non-governmental organisation whose stated aim is safeguarding the right to freedom of information, has urged Zimbabwe to abandon the “Patrotic Bill” saying it poses a major threat to journalism.
The ZANU PF-dominated Parliament passed the Criminal Law (Codification and Reform) Amendment Bill, or Patriotic Bill for short, on the night of 31 May 2023.
Clause 2 of the Bill provides for a death sentence or life imprisonment for anyone “wilfully injuring the sovereignty and national interest of Zimbabwe”.
The Bill was passed by the National Assembly and approved by the Senate and will take effect as soon as it receives approval from the President, who has three weeks to sign it into law from the moment he receives it.
Sadibou Marong, <a href="https://rsf.org/en/patriot-bill-threat-zimbabwean-journalists-two-months-elections">the director of RSF’s sub-Saharan Africa desk, said</a>:
<blockquote>
Journalists are exposed to the heavy penalties envisaged in this law, which violates the constitution and international standards on freedom of expression. This law is a formidable tool that will completely muzzle the press.
Two months before the presidential and parliamentary elections, we urge the authorities to respect basic human rights, which include the right to assembly, the right to express oneself, and the right to inform. Journalists must be able to carry out their work without fear.
</blockquote>
Zimbabwe Lawyers for Human Rights (ZLHR) executive director Roselyn Hanzi said the law will set a bad precedent in Africa and could lead to more self-censorship in Zimbabwe. She said:
<blockquote>
If a journalist is invited to attend a meeting by a foreign government, they may be forced to reject the invite as they will not know if these topics will not be discussed.
Any other participant at the meeting can raise that subject, and mere attendance may even lead to arrest.
</blockquote>
Hanzi argued that as the Bill’s provisions are loosely worded, they are liable to be misinterpreted and are therefore all the more likely “to stifle freedom of expression”.
She said some of the provisions violate Zimbabwe’s constitution, Article 48 of which limits the death penalty to persons convicted of aggravated murder.
The proposed amendments to Clause 2 (3) read as follows:
<blockquote>
Any citizen or permanent resident of Zimbabwe who, within or outside Zimbabwe, intentionally partakes in any meeting, whose object or one of whose objects the accused knows, or has reasonable grounds for believing involves the consideration of or the planning for the implementation or enlargement of sanctions or a trade boycott against Zimbabwe (whether those sanctions or that boycott is untargeted or targets any individual or official, or class of individuals or officials), but whose effects indiscriminately affect the people of Zimbabwe as a whole, or any substantial section thereof shall be guilty of wilfully damaging the sovereignty and national interest of Zimbabwe and liable to…
</blockquote>
The clause provides penalties that include a fine not exceeding level twelve or imprisonment for a period not exceeding 10 years, or both.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Reporters Without Borders Urge Zimbabwe To Abandon "Patriotic Bill"

The Private Voluntary Organisations (PVOs) Amendment Bill now awaits President Emmerson Mnangagwa’s assent to become law after it was passed by the Senate.
The Bill has been criticised by opposition parties and civic groups who argued that it will restrict the democratic space.
The Zimbabwe Human Rights NGO Forum recently said the country could lose about US$1 billion annually if the Bill is signed into law.
The proposed law will reportedly give broad powers to the government to control the operations of civil society organisations (CSOs).
Minister of Justice, Legal and Parliamentary Affairs told Senate on Thursday:
<blockquote>
This Bill does not speak to those law-abiding organisations, but those who come in the guise of charity to carry out undesirable harmful and criminal activities.
For instance, we received communication from the Financial Action Taskforce that some charitable trusts are being misused as a means of channelling funds to fund terrorism and other criminal activities.
</blockquote>
ZANU PF senators on Thursday supported the passage of the Bill, saying it was necessary to tame “rogue” NGOs and CSOs.
While opposing the passage of the Bill, MDC Alliance Senator Morgen Komichi urged the government to enact laws that would ensure foreign organisations supporting developmental projects in the country conduct their operations without hindrance. | <a href="https://www.newsday.co.zw/local-news/article/200006897/senate-passes-pvos-billas-usaid-warns-of-funding-threat">NewsDay</a>

Senate Passes PVOs Amendment Bill

The Zimbabwe Electoral Commission (ZEC) has confirmed the appointment of Nobuhle Marilyn Ndiweni by the Douglas Mwonzora-led MDC Alliance as Senator representing Bulawayo Metropolitan province.
Ndiweni replaces Mildren Dube who died in June this year.
The MDC Alliance had written to ZEC nominating Ndiweni to replace Dube.
ZEC chairperson, Justice Priscilla Chigumba, made the announcement of the appointment of Ndiweni in a Government Gazette published last Friday. Said a notice from Chigumba:
<blockquote>
It is hereby notified, in terms of section 39(7) (a) of the Electoral Act Chapter 2:13], that Ndiweni Marilyn Nobuhle, a registered voter of No. 5, Helyn House, 139, Robert Mugabe Road, in Ward 12 of Bulawayo Metropolitan Province, who was nominated by the Movement for Democratic Alliance party to fill the vacancy in the Senate that occurred following the death of Honourable Mildred Season Dube, has been appointed as a Senator with effect from the date of publication of this notice.
</blockquote>
Dube was a national executive member of the MDC-T women’s assembly.

ZEC Confirms MDC Alliance Senator Appointment

Minister of Justice Ziyambi Ziyambi was on Thursday asked by senators to explain President Emmerson Mnangagwa’s remarks that the South African government should “use a bit of force” to quell xenophobic attacks against foreign nationals.
Responding to Bulawayo Metropolitan senator Siphiwe Ncube (MDC Alliance) who said that as chairperson of the SADC Organ on Defence and Security, it was improper for Mnangagwa to encourage the use of force against civilians, Ziyambi said:
<blockquote>Indeed, the use of force is there in statutes, but it is the extent of force that is the issue.</blockquote>
Manicaland senator Douglas Mwonzora (MDC Alliance) asked Ziyambi to explain whether Zimbabwe knew that the xenophobic attacks were imminent and what the government did to protect Zimbabwean citizens in South Africa. Said Ziyambi:
<blockquote>There were unsubstantiated reports that South Africans were planning to carry out what they did, and the South African government was against it as indicated by pronouncements by government.
The government relies on the South African government for the protection of people within their territory. We do not have the means to go into South Africa to protect our citizens.
… The unsubstantiated reports pointed to an attack, and we rely on South African officials to ensure there is peace and security in South Africa.
The information we had was that the South African government was going to maintain peace and security within its borders, of which they have since deployed security forces to ensure it happens.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2019/09/minister-grilled-over-eds-use-minimum-force-statement/" rel="noopener noreferrer" target="_blank">NewsDay</a></h4>

Ziyambi Asked To Explain ED's 'Use A Bit Of Force' Remarks

In a statement yesterday, Parliament said President Mnangagwa had set Tuesday next week as the day on which the Speaker of the National Assembly, the Senate President and their deputies will be elected.
The statement reads:
<blockquote>The President of the Republic of Zimbabwe has fixed Tuesday, 11th September 2018 at 0900 hours at Parliament Building as the date, time and place for the first sitting of Parliament in terms of Section 145 (1) of the Constitution, mainly to elect Presiding officers.</blockquote>
The process will be presided over by the Clerk of Parliament, Kennedy Chokuda. Zanu-PF secretary for Legal Affairs, Munyaradzi Paul Mangwana, said they would make their choices known on the day of the elections. Asked if they will field a candidate given that they were in the minority, MDC Alliance national chairperson, Morgen Komichi, said they will soon hold a caucus to decide.
More: <a href="https://www.herald.co.zw/president-sets-parly-senate-leaders-poll-date/">Herald</a>

Election Of Speaker Of The National Assembly, Senate President Set For Next Week

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