Zimbabwe: Constitutional Court Throws Out Bid to Overturn PVO Act
The Constitutional Court of Zimbabwe has rejected a legal challenge to the Private Voluntary Organisations Act, ruling that there was no constitutional breach in its passage.
The Constitutional Court of Zimbabwe delivered a significant ruling on February 16, 2026, regarding a legal challenge to the Private Voluntary Organisations Act (PVO Act) 2025. The court dismissed the application brought forth by Passionate Fuza and Jonah Wakurawarehwa, who argued that the Act was unconstitutional due to a lack of public participation during its passage. The bench, led by Justice Rita Makarau and including several other justices, found that the applicants failed to demonstrate that Parliament had not fulfilled its constitutional duties as outlined in Section 141.
In the judgment, it was noted that the President of Zimbabwe, Emmerson Mnangagwa, had been removed from the case at the outset, as the applicants conceded that there were no viable allegations against him related to the law's enactment. This aspect of the ruling reinforces the court's focus on the responsibilities of Parliament in the legislative process, clarifying that the procedural integrity of the law's passage was upheld. The court's decision also highlights the challenges faced by individuals or groups seeking to contest legislation on grounds of public participation and constitutional rights.
This ruling has implications for civil society and governance in Zimbabwe, particularly concerning the functioning of private voluntary organizations. The PVO Act has been criticized for potential restrictions on the operations of NGOs, which play a crucial role in social development and advocacy. The Constitutional Court's decision essentially reinforces the current framework within which these organizations must operate, raising concerns about the environment for civic participation in Zimbabwean governance going forward.