Harare High Court judge Esther Muremba yesterday dismissed an attempt by President Emmerson Mnangagwa’s administration to ban non-governmental organisations (NGOs) which refused to submit their work plans to the provincial development co-ordinator (PDC)’s office.
In July this year, Harare PDC Tafadzwa Muguti ordered NGOs
that failed to submit their programmes to his office to stop operating.
This prompted the Zimbabwe Human Rights NGO Forum and
Crisis in Zimbabwe Coalition to approach the High Court challenging the
prohibition order.
Muguti, Harare Provincial Affairs minister Oliver Chidawu,
Home Affairs minister Kazembe Kazembe, Local Government minister July Moyo and
Labour minister Paul Mavima were cited as respondents.
Justice Muremba, in her ruling, said the PDC had no right
to ban the NGOs, declaring Muguti’s order null and void.
“The respondents and all their agents or anyone acting on
their behalf are interdicted from enforcing, interfering with, suspending or
stopping operations of NGOs, trusts, CSOs and faith-based organisations or in
any way acting on the contents of the press statement dated July 29, 2021 by
first respondent,” the ruling read in part.
“The averment of the third respondent that in terms of
government policy, on the operations of the NGOs, the applicants before
commencing any activities must seek support from the Provincial Development
Committees chaired by coordinator is not correct.
“In the circumstances of this case, the applicants are not
challenging the validity of government’s policy on the operations of the NGOs
in humanitarian and development assistance in Zimbabwe. Instead, they are
challenging the legality of the directives issued by the first respondent on
the basis that he does not have the power to issue the directives he issued.”
Justice Muremba added: “I am strengthened in my position by
the averments that were made by the fifth respondent in his opposing
affidavits. He averred that the person to whom the NGOs submit their work plan
is the registrar of NGOs.”
Mnangagwa’s regime has accused NGOs of being sponsored by
the West to effect illegal regime change in the country, an allegation the
civic organisations deny.
There have been threats from senior government officials to
ban NGOs from operating in the country and a law is on the cards to regulate
the operations of the civic groups, making it a punishable offence to be
involved in politics. Newsday
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