Civic Space Case-Tracker

On June 30, 2021, Tafadzwa Muguti – the Provincial Development Coordinator for the Harare Province – issued a directive addressed to civil society operating in the region. Addressing “all non-governmental organizations, private voluntary organizations, trusts and faith-based organizations and civil society organizations,” he suggested that these actors were not complying to the mandates stated in their Memoranda of Understanding (MOU).  

Muguti ordered all of the organizations to submit work plans for the year 2021 to his office, in addition to also providing information relating to workshops, commissioning of projects, any work being undertaken in the Harare Metropolitan Province, monthly reports and any other pertinent information about their operations by July 9, 2021. 

On July 29, 2021, Muguti issued a press release noting 40 NGOs which had complied to the directive and banning all of the ones which had not, forcibly shutting down the operations of the organizations until they fully comply with the policy. The procedure included obtaining a resolution from the Provincial Development Committee and being recognized by the Minister of State for Provincial Affairs and Devolution.Faced with possible closure or interruption of activities, Zimbabwe Lawyers for Human Rights, on behalf of Zimbabwe Human Rights NGO Forum and the Crisis in Zimbabwe Coalition, filed an urgent application challenging Muguti’s directive. In September 2021, they obtained an order suspending the operation of the directive. In Zimbabwe there is no law that gives the Provincial Development Coordinator Office authority to issue orders such as this one. However, due to the fragmented regulation on NGOs, Mugati chose to issue instructions to the sector. Therefore, the case discusses the illegality of his actions and how it consists of an unlawful threat if law enforcement is involved and their agents are aware that they lack the necessary authority to act. The case is important because it may push the government to harmonize NGO registration and regulation in Zimbabwe. 

In Zimbabwe, between 2018 and 2021, there have been reports of gross violations of human rights against human rights defenders, including unlawful killings, torture, beatings, arbitrary arrests, detention, death threats, harrasment and defamation. This also impacts the role that civil society organizations play in the country. 

There has been increased scrutiny of non-governmental organizations (NGOs) as the nation moves towards the 2023 general elections. During this period, the Government targeted NGOs accused of political lobbying for opposition political parties in communities they operate in, with the goal of silencing human rights defenders. NGO regulation in Zimbabwe is fragmented due to different registration legal regimes, because it is possible to register an organization as a trust, private voluntary organization, or common law universitas. What makes the organization an NGO is its objectives or manner of business, which results in the lack of a single point for regulation or reporting purposes. Furthermore, there has been a crackdown on critics of the government for the past years, resulting in a shrinking civic space.

• Amnesty International, Zimbabwe: Arrest of members of opposition shows an escalating crackdown against freedom of association and assembly (17 January 2023)
• International Service for Human Rights, Zimbabwe: President Mnangagwa-led government must stop targeting and stigmatizing civil society organizations (22 November 2022)
• Zim Live, Court blocks government from banning NGOs that refused to share work plans (17 September 2021)