By Beverly Bizeki
Six civil society leaders from across the country have written to the Constitutional Court to order the Parliament of Zimbabwe to reconvene Private Voluntary Organisations (PVO) Amendment Bill hearings in four provinces arguing that the public hearings in these provinces failed to meet constitutional obligations.
The draft order in the court application has since been received by the court, with parliament expected to respond within 21 days according to the dictates of the constitution.
The six applicants are Farai Maguwu, Jonah Wakurawarerwa, Donald Chitanha, Passionate Fuza, Ephraim Mthombeni and Brisky Fanuel Ncube with the only respondent being the Parliament of Zimbabwe.
In the founding affidavit, the first applicant Farai Maguwu, argues that the hearings were not done procedurally as some participants were jeered at when they gave their views on the bill while the time that was provided for the meeting was not enough to have the whole province participate.
“(Then) the chance to speak was given to one lady, Passionate Fuza, the second applicant herein, she spoke against the bill and the crowd started jeering. Although the committee members tried to bring the house to order they were not successful. The room became chaotic to the extent that we could not hear each other.
“The group that was jeering and singing, disrupting the proceedings is the one that supported and cheered when its members spoke in favor of the bill.
“I further aver that the venue itself was too small to accommodate a sizeable and reasonable amount of people who could speak for and against the bill. Section 141 of the constitution provides that the respondent must facilitate public involvement in its legislative processes as well as ensuring that interested parties are consulted about bills being considered by it. This was not done. Interested parties like Non-Governmental Organizations (NGOs) were not consulted.
“To convene a public meeting for the whole of Harare Province at one venue for the just two hours from 1400hrs – 1600hrs was not adequate to meet the constitutional threshold,” reads the appeal.
Another applicant, Jonah Wakurawarerwa who attended the hearing in Masvingo said they were disturbed by violence and the participants could not give their contributions on the hearing.
“Despite arriving at the venue a few minutes after 1200hours, the theatre was already full hence I had to stand by the entrance at the theatre. I personally requested the Chairman, Mr Mavhenyengwa to have the hearing moved to a different venue which could accommodate more people. I was accused of disrespecting the chairman by some Zanu PF members. This resulted in violence from Zanu PF members who started to shout and assault people.
“When the hearing started, the chairman had highlighted that he would take contributions from representatives of organisations first before moving on to entertain other members of the public. The violence however began before members had been given an opportunity to make their contributions because the meeting ended abruptly as a result of violence,” reads part of the appeal.
For Chinhoyi, the fifth applicant, Donald Chitanha said the hearing became politicized.
“I noticed that quite a large number of Zanu PF MPs and Senators were in attendance. Some Zanu PF members who were in party regalia were making political slogans before making their contributions spoke in support of the bill.
“When I was given the opportunity to make my contributions I spoke about how the bill would negatively impact NGOs and the work they are doing in our society. I was directed to retract my statements by some Zanu PF members and MPS who accused me of being anti-government. They further threatened me and said I would face consequences for my statements. Further to the threats I was surrounded by a group of Zanu PF members that threatened to beat me. I could not finish my contribution as a result of the threats and mob that was advancing towards me,” reads another part of the application.
The application also details how in Gweru only eight people made contributions in the meeting before the meeting was disrupted.
In the PVO Bill Amendment, government is advocating for a streamlined registration process to prevent fraud as they have been claiming that charity organizations were registering as trusts.
