The Zimbabwe Human Rights NGO Forum (The Forum) has written to Insiza’s District Development Coordinator (DDC), Zacharia Jusa, informing him his office lacks legal authority to order Non-Governmental Organisations (NGOs) and Civil Society Organisations (CSOs) to stop operations until they comply with an ongoing registration exercise, as such action is unlawful.
The Forum said NGOs have no legal basis to report to the DDC or submit any documentation to his office and gave Jusa seven working days to withdraw the circular issued on January 17, 2024, so these organisations can continue to work legally.
If no withdrawal is done, the Forum threatened to take legal action against the DDC.
On January 17, 2024, the DDC directed all NGOs and CSOs in the district that there is an on-going operational audit, which requires them to submit specific information to his office and that of the Chief Executive Officer of the Insiza Rural District Council, Shepherd Tshuma.
Read: https://cite.org.zw/insiza-ngos-abruptly-suspended-in-documentation-blitz/
According to the DDC, these organisations must provide a list of 22 requirements ranging from intrinsic details such as the profiles of key personnel in the organisation, account signatories, amounts received for projects and banking details among other requirements.
In a strongly worded letter to the DDC, the Executive Director of the Zimbabwe Human Rights NGO Forum, Vera Musara, stated the conduct of requiring NGOs to submit certain requirements violates the law because the Registrar under the Private Voluntary Organisation Act is responsible for the governance of NGOs.
“We represent various NGOs operating in your district who, for fear of victimisation, have instructed us not to give you their names. Our instructions are to remind you of the following pertinent points:
1. NGOs or the civil society organisations who are operating as Private Voluntary Organisations (PVOs) are governed by the Private Voluntary Organisation Act [Chapter 17:05] (the Act),” Musara said in a letter dated January 23 2024 to the Insiza DDC.
The letter has since been delivered to Acting DDC, Zibusiso Maphosa.
Musara stated that secondly, there were proposals in the PVO (Amendment) Bill to make it mandatory for all NGOs to register as PVOs, but that law was never signed into law and expired on August 22, 2023.
“3. The relevant Ministry which governs NGOs is the Ministry of Public Service, Labour and Social Welfare, there is no provision in the Act which states that the Ministry of Local Government and Public Works shall be responsible for NGOs.
“4. NGOs report to the Registrar of PVOs who holds the office of the Director of Social Welfare in terms of Section 5 of the Act. The DDC or CEO of a Rural District Council are not included in the governance of these organisations,” said the executive director.
“5. The DDC’s functions within an area are prescribed in the Provincial Councils and Administration Act [ Chapter 29:11], and the functions include promoting the development of the district, and promoting activities within the district including implementing development plans.”
Musara added the audit of accounts of NGOs is provided in Part IV of the Act where the books, accounts and records must be kept to the satisfaction of the Registrar and it is the Minister of Public Service, Labour and Social Welfare who appoints the inspecting officer.
“Our instructions are that your conduct in calling for NGOs to submit some requirements to you is ultra vires the law. The Registrar is responsible for the governance of NGOs under the Act. We further note that your circular does not cite any Act or Regulation under which the requirements are being sought for,” she said.
According to Musara, Zimbabwe’s Constitution provides under Section 68 that every person has the right to administrative conduct that is lawful.
“The powers that you purport to exercise are not lawful and are contrary to the Constitution. We reiterate that your directive is unlawful and of no effect at law. The NGOs have no basis to report to your offices or submit any documentation to you. We advise that you should withdraw your circular and continue to work within the confines of the law,” Musara said.
“Therefore, we have been instructed to give you seven working days to act in a lawful manner and advise the non-governmental organisations in Insiza district of the correct position of the law.”
The executive director emphasised that the DDC must “immediately issue a circular to withdraw the one dated 17 January 2024 by Thursday, 1 February 2024.”
“Our instructions are that should you fail to withdraw the directive, we are to take legal action against you to protect the operations of our clients. We hope this will not be necessary. Be guided accordingly,” Musara signed off.
