CIVICUS speaks about a proposed NGO bill and the threat it represents for Zimbabwean civil society with Ernest Nyimai, the Acting Executive Director of Zimbabwe’s National Association of Non-Governmental Organisations (NANGO).

NANGO is the umbrella body of civil society organisations (CSOs) operating in Zimbabwe, mandated by its membership to coordinate CSO activities, represent the sector and strengthen its voice.

How do you think the proposed NGO bill would affect civic space in Zimbabwe?

In our view as the umbrella body of CSOs operating in Zimbabwe, the proposed Private Voluntary Organization (PVO) Amendment Bill presents the danger of further shrinking civic space should it sail through in its current form. The bill will put at further risk the fundamental freedoms that civil society is supposed to have to be able to do its work to improve people’s lives. This is due to quite significant proposed amendments that in our view are repressive. 

Currently, more than 60 per cent of NANGO members are legally registered as trusts, and some are registered under Common Law Universitas. If this bill is passed as it is, they will be automatically deregistered and required to apply for re-registration under the new proposed PVO guidelines.

The PVO Amendment Bill proposes to criminalise CSOs that support, oppose or finance a political party or candidate. The clause does not clearly specify what supporting or opposing a political party or candidates entails. If a CSO opposes a party’s policy or governance practice, does this amount to opposing a political party? If a CSO gives legal support in an election challenge, does this amount to supporting a political party or candidate? This provision can be abused, especially against CSOs that work on democracy, governance and human rights issues. This provision is contrary to the right to the freedom of association provided for in section 58 of the Constitution of Zimbabwe. The imposition of harsh penalties such as imprisonment for violation of this provision without any justification or regard to civil remedies or administrative fines is grossly arbitrary.

Another reason the PVO bill can affect civic space is that it is phrased in a way that would make room for selective application during its administration. If an organisation is deemed to be operating outside its mandate, its board can be immediately suspended and an interim one can be appointed to act in its stead while a final decision is made. But procedures are not clear, so there is room for the responsible minister, the Minister of Public Service, Labour and Social Welfare, to arbitrarily suspend an organisation’s board due to personal interests. This kind of interference in the operation of CSOs would limit their independence and autonomy. 

The PVO bill was prompted as a way to ensure compliance with Recommendation 8 of the Financial Action Task Force (FATF), which requires governments to review the adequacy of laws and regulations that govern non-profit organisations so that these organisations cannot be abused for money laundering and financing of terrorism. But in my view, the government deployed an omnibus approach to pursue many other interests besides the fulfilment of FATF Recommendation 8 requirements.

The bill in fact violates the FATF’s balanced approach, which stipulates the need to maintain an enabling operating environment to fulfil FATF requirements. The government has not concluded a risk assessment indicating which CSOs are at risk of being used for money laundering and financing terrorism. This is the ideal procedure as required by FATF to ensure the application of the risk-based approach to mitigating vulnerabilities to money laundering and financing of terrorism.

How would the PVO Bill, if implemented, affect NANGO’s work?

NANGO is registered under the existing PVO Act. But if the amendment bill goes into effect, many of our members will be automatically deregistered, which will have immediate repercussions on NANGO, whose greatest strength is precisely our membership. Besides, there are various clauses that impose sanctions and restrictions in terms of programming areas and NANGO is of no exception to this potential criminalisation of CSO work.

The new legislation will also weaken our eligibility for funding due to increased government interference in the operations of CSOs. The donor agencies we work with require recipient organisations to be independent and autonomous for the purposes of grant compliance. But the implementation of the new proposed PVO Amendment bill will potentially affect our independence and limit our autonomy. Development partners and donors may decide to stop funding CSOs in Zimbabwe if they view it as becoming too risky.

As CSOs we exist to protect the rights and dignity of people. If the new bill forces many CSOs to stop operating, the vulnerability of communities they serve and human rights abuses will likely increase. We need CSOs to continue working and defending people’s rights in an enabling operating environment. CSOs promote and protect human rights, but through the increased surveillance of CSO operations by security agencies, many activists, human rights defenders and civil society members will be abducted and tortured, and the security threat will increase.

How is civil society responding to this threat?

We have used a multifaceted approach, taking advantage of the various strengths we have as a large and diverse group of organisations. In the initial stages, we tried to push back against the PVO bill in many ways, including through litigation to expose the ways in which it would violate constitutional provisions. We also assessed the bill against the core humanitarian standards that we adhere to as CSOs.

Unfortunately, the bill has nonetheless progressed, so we are currently conducting scenario planning in which the law might be passed. Most of our efforts are focused on engaging, having a dialogue and negotiating with government officials for revision of repressive clauses of the bill. The bill is currently being debated in parliament following its second reading, so we are also advocating with parliamentarians to get them to really understand how this bill is going to affect the work of CSOs and those they work with.

We are also engaging with the body that administers the PVO Act, the Ministry of Public Service, Labour and Social Welfare, which played a key role in drafting the bill. We are trying to engage it in discussing the potential political, social and economic impacts of the bill. CSOs are a significant contributor of foreign currency in Zimbabwe: close to one billion dollars per year are coming in the form of official development assistance that is channelled towards various programmes implemented by CSOs. CSOs employ around 18,000 people. If they shut down or their activities are limited, barriers to overcoming unemployment will rise. Our desire and hope is to have an enabling instrument guaranteeing the space for civil society to continue its good work.

How can the international community help Zimbabwean civil society?

Zimbabwe is a member of various regional and continental organisations, which we have used to our advantage. We have engaged with regional and continental pressure groups, and especially the FATF, and they have shared their technical expertise on advocacy and lobbying, while also leveraging their convening power to help us engage with our government.

The international community should continue to assist us as mediators, especially in light of the hostility and limited confidence and trust between civil society and the government. It is very important that they highlight how the bill will affect the general role of CSOs in Zimbabwe. There is also politicisation of CSO work due to misinterpretation of the general role of CSOs in the national development discourse. For example, civil society has the key responsibility of holding the government accountable and advocating for people’s rights, and this bill threatens our ability to fulfil it. We need regional, continental and global organisations to help us advocate with the Zimbabwean government to ensure an enabling operating environment for civil society in line with the ‘whole of society’ approach that the government subscribes to.

Civic space in Zimbabwe is rated ‘repressed’ by the CIVICUS Monitor.
Get in touch with NANGO through its website or Facebook page, or by emailing , and follow @ErnestNyimai and @nangozimbabwe on Twitter.

The National Association of Non-Governmental Organisations (NANGO) is concerned that our country continues to experience protracted national crisis. This crisis is characterised by continued intolerance, polarization, corruption, disregard for the rule of law, contravention of the constitution and marginalisation of vulnerable groups and communities, among other factors.

NANGO notes with great concern the government’s approach to addressing the grievances of the general citizenry and the vilification of dissenting voices that are calling for the promotion of lawfulness, tranquillity, peace, equity and fairness, inclusive and sustainable development, respect for human rights and constitutionalism. We urge the government to lend an ear to alternative voices all of which hope and yearn for a better and prosperous Zimbabwe where everyone’s dreams and aspirations are possible. The refuting of alternative voices and views demonstrated by the responses to the call by various concerned stakeholders and citizens does not project a nation that is accommodative and democratic, this undermines efforts to move towards sustainable peace and development.

The citizens and communities look forward to a nation that provides them a platform to contribute in a meaningful way to ending the current economic, social, governance, and environmental challenges we are facing. Thus, government hostilities towards citizens, reflected in its response characterised by hate speech, derogatory language, and labelling of groups and tribes, is a cause of concern.

NANGO, like many other institutions, was hopeful that the visit from the South African envoy was going to yield the much-needed mediation between the government and its people. We are taken aback that the envoy left without consulting non-state actors and other concerned stakeholders. However, we remain hopeful that the envoy will return with a refined, people-centred, and inclusive strategy.

We believe that the national crisis needs an all-inclusive and holistic approach in addressing the myriad of challenges that bedevil the country more so when poverty and hunger are on the rise and the COVID-19 pandemic is amplifying public finance management, social service delivery, and governance issues.

We note that the deteriorating economic environment characterised by a projected negative growth rate of 5 percent coupled with a galloping inflation rate amid reduced incomes has further deepened poverty and inequality indicators for the majority. Low incomes for the formally employed in both the public and private sectors have left most households with inadequate disposable income to purchase basic commodities. The informal sector, which employs the majority of people, has been heavily affected by the COVID-19 pandemic and the lockdown measures.

NANGO notes with concern the level of autonomy of the Judiciary, following the recent events that have been a reflection of how the Zimbabwean justice system has failed to induce confidence in its independence. Citizens and communities feel that the Judiciary Institutions have been used as an arm to further repress and deny citizens their constitutionally guaranteed rights. Countrywide, over the past few weeks citizens have been arrested over trumped-up charges ranging from criminal nuisance, participating in a public gathering to cause public violence, and obstructing or endangering the free movement of persons or traffic. Over half a dozen are still withheld without bail, in stark defiance of the provisions in the constitution.

We emphasize the need for all stakeholders to work together towards the dream of the Zimbabwe We Want, to this end we urge

● The Zimbabwe Human Rights Commission is to urgently carry out its mandate and investigate all cases of human rights violations.
● The National Peace and Reconciliation Commission to take up its constitutional mandate and reign in state and non-state actors who continue to fan violence, conflict, disharmony, and tribalism.
● The Zimbabwe Republic Police to execute its mandate of maintaining peace and security and also ensure that perpetrators are brought to book.
● The Ministry of Home Affairs to reign in on police officers and ensure they desist from using brute force on citizens.
● The Zimbabwe National Army, which has been accused of using disproportionate force on civilians, to work towards its mission of defending the sovereignty, territorial integrity, and national interests of Zimbabwe and contributing to international peace and stability.
● The Ministry of Finance and Economic Development urgently disburse the ZWL$18 billion Economic Recovery and Stimulus Package pledged by the government in May 2020. The funds should be disbursed transparently to avoid leakages due to corruption and rent-seeking.
● The Parliament of Zimbabwe and the office of the Auditor General to carry out their oversight role over the Executive as it responds to the deteriorating socio-economic environment.

● The Government to create pathways of inclusion, participation, and involvement of multiple stakeholders in solving the Zimbabwean crisis.
● The government to provide adequate social safety nets for all vulnerable groups affected by the COVID-19 pandemic and other disasters such as droughts, Cyclone Idai, and floods. The safety nets should be expanded to more vulnerable populations in urban areas and workers who in the past were considered to be resilient.
● The government to promote transparency and accountability as a way of combating corruption and promoting the efficient use of public resources.