A leading human rights activist, through the Zimbabwe Lawyers for Human Rights (ZLHR), is seeking the reconvening of public hearings on the disrupted public hearings on the contentious Private Voluntary Organisations (PVO) bill.
In an urgent submission to the Speaker of Parliament, Jacob Mudenda handed on the 21st of May, 2024 on behalf of Mr Farai Maguwu, ZLHR said the parliament through its relevant portfolio committee should stop further law-making process and reconvene public hearings.
ZLHR gave the Speaker of Parliament a twenty-four-hour ultimatum that the PVO Bill process, which is on parliament’s order paper for its second reading stage this week, be halted as this would be ‘against the backdrop of a fundamentally flawed public consultation process…’
The client Mr Maguwu, is executive director of the Centre for Natural Resource Governance (CNRG) a research and advocacy civil society organization, failed to fully participate in a public hearing after a partisan crowd disrupted proceedings.
CNRG seeks to promote citizen participation and good governance of natural resources, as well as demand justice and dignity for communities affected by the extractive industries.
The Weekly has in its possession the letter of demand on a matter arising from a disrupted public hearing held at the Ambassador Hotel in Harare on the 17″ of May 2024, where visibly intoxicated persons disrupted proceedings.
ZLHR said the group was jeering, singing, and disrupting the proceedings such that their client (Maguwu) and other members of the public who attended the meeting could not participate and give their contributions to the meeting.
“The situation quickly escalated and degenerated to such an extent that the portfolio committee members fled from the venue. Resultantly, the meeting ended abruptly before any public views could be solicited and recorded. Crucially, our client and other members of the public were effectively prevented from participating in the public hearing. So extreme was the disruption that the police had to be called,” read part of the submissions.
ZLHR said considering these apparent violent disruptions at the PVO Bill public hearings across the country, in terms of section 139 (3) as read with section 141 of the Constitution of Zimbabwe, the Parliament of Zimbabwe must ensure that members of the public are involved in parliamentary processes and are also consulted about bills.
It said the Parliament has a constitutional obligation to facilitate public involvement in its legislative and other processes and the process of its committees should be suspended until the matter has been investigated and resolved by reconvening public hearings.
ZLHR said the national assembly should ‘hold in abeyance any further parliamentary processes relating to the PVO Bill, including but not limited to the second and third reading stages.’
“You (Speaker of Parliament) immediately and without delay, institute an investigation into the violent disruptions of the PVO Bill public hearings that took place in Harare, Chinhoyi, Gweru and Masvingo between the 13 and the 17 of May 2024.
“Parliament through its relevant committees, reconvene the public hearings relating to the PVO Bill. Parliament takes all measures, including but not limited to, the provision of heightened security at the reconvened public hearings… to ensure that the public can effectively, reasonably, and adequately express their views on the provisions of the PVO Bill.”
There has been widespread condemnation of the recent acts of violence and intimidation that disrupted the public hearings and marred the processes with confusion and obstruction, particularly in Chinhoyi, where participants faced barriers to entry amid venue-related confusion.
Cases of verbal and physical assaults and intimidation against citizens including journalists were recorded as characterizing the hearings, raising serious concerns about the safety, credibility, and openness of the public consultation process.
In Mutare, where the hearing was largely successful The Weekly noted the presence of politically affiliated groups and individuals, that attempted and failed to disrupt the proceedings and critics say such attempts cast a shadow over the neutrality and inclusivity of the process.
On 1 March, the government gazetted the PVO) Amendment Bill 2024 to ostensibly ‘curb money-laundering and financing of terrorism and to ensure that Non-Governmental Organisations do not undertake political lobbying.’
The PVO Amendment Bill will impose severe restrictions on the important work of NGOs in Zimbabwe, which will violate human rights including the rights to freedom of association, peaceful assembly, and association.
The Bill seeks to compel all NGOs to register as PVOs, and NGOs denied registration will not be able to continue with their operations; this includes NGOs that have already been operating as trusts and common law universitas.
Provisions of the Bill also grant significant powers to the Minister and Registrar, to remove executive committees and board members of NGOs and replace them with interim trustees who are empowered to make significant decisions that can affect the operations and the existence of organizations.