The Zimbabwe Lawyers for Human Rights (ZLHR) has approached the High Court seeking an order declaring some provisions of the Private Voluntary Organisations (PVO) Amendment Act unconstitutional and to have them annulled.

According to ZLHR, some of these provisions arbitrarily criminalize legitimate and critical development and human rights activities, while imposing excessive regulations on PVOs.

In an application filed on May 16, ZLHR contended that the PVO Amendment Act, which was enacted and published in the Government Gazette on April 11, 2025, represents a significant infringement on the rights of its members, as the organization is an independent entity established by law.

“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 organisation further argues that the PVO Amendment Act violates various constitutional rights, including the freedom of assembly and association outlined in section 58(1), freedom of expression under section 61, the right to administrative justice guaranteed by sections 68(1) and (2), the right to a fair hearing protected by section 69(1), (2), and (3), and section 71, which safeguards property rights. ZLHR also claims that the problematic provisions of the PVO Amendment Act are vague, poorly drafted, and grant arbitrary powers, resulting in 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,” the organisation said in its application.

It said these provisions effectively empower the Executive to control PVOs and deregister those deemed undesirable on unclear grounds.

In light of these concerns, ZLHR seeks a High Court order of constitutional invalidity for sections 4, 5 as read with section 9(5), sections 6, 13A, 14, and 21 of the Private Voluntary Organisations Act (as amended by the PVO Amendment Act) to be declared ultra vires the Constitution and subsequently set aside.

The order will be subject to confirmation by the Constitutional Court in accordance with section 175(1) of the Constitution, and that any constitutional invalidity ruling issued will be suspended for 12 months following confirmation by the Constitutional Court to allow the respondents time to amend the contested legislation for constitutional compliance.