Private Voluntary Organisations Amendment Act, in brief

Introduction

In this article I look at the Private Voluntary Organisations (PVO) Amendment Act No. 1 of 2025 (hereinafter called “the PVO Amendment Act”). The salient features thereof now follow.

Purpose of the PVO Amendment Act

To amend the Private Voluntary Organisation Act [Chapter 17:05]; the Money Laundering and Proceeds of Crime Act [Chapter 9:24] (No. 4 of 2013); the Criminal Matters (Mutual Assistance) Act [Chapter 9:06] (No. 13 of 1990); the Criminal Law (Codification and Reform) Act [Chapter 9:23] and the National Social Security Authority Act [Chapter 17:04]; and to provide for matters connected therewith.

Short title

The Act may be cited as the Private Voluntary Organisations Amendment Act, 2025.

Definition of PVOS

According to section 2 of the Principal Act “private voluntary organisation” means any body or association of persons, corporate or unincorporate, or any institution, the objects of which include or are one or more of the following:

the provision of all or any of the material, mental, physical or social needs of persons or families.

the rendering of charity to persons or families in distress.

the prevention of social distress or destitution of persons or families.

the provision of assistance in, or promotion of, activities aimed at uplifting the standard of living of persons or families.

the provision of funds for legal aid.

the prevention of cruelty to, or the promotion of the welfare of, animals.

such other objects as may be prescribed.

the collection of contributions for any of the foregoing.

The section also covers exclusions.

Amendment of section 2 of the Private Voluntary Organisations Act (Chapter 17:05) or the Principal Act

Section 3 of the PVO Amendment Act amends section 2 of the Principal Act by the insertion of definitions such as beneficial owner, controller, Financial Intelligence Unit, funds or other assets, Office, State- sponsored aid entity.

New Part II – Private Voluntary Organisations board and Office of the Registrar of PVOs

Section 4 of the PVO Amendment Act repealed Part II of the Principal Act and substituted it with a new Part II whose key provisions are:

Establishment of a Private Voluntary Organisation Board (“PVO Board”), in terms of the substituted section 3 of the Principal Act. The board shall consist of eight(8) representatives from representative organisations and five(5) Government representatives and the Registrar as an ex-officio member.

The substituted section 4 of the Principal Act provides for the functions of the PVO Board.

Office of the Registrar of PVOs

According to Section 5 of the PVO Amendment Act, in terms of section 5 of the Principal Act:

There shall be an Office of the Registrar of Private Voluntary Organisations in the Ministry responsible for social welfare, in which shall be lodged the register of private voluntary organisations.

The Office shall be headed by a Registrar of Private Voluntary Organisations who shall exercise general supervision and direction of the registry and shall be assisted by one or more Assistant Registrars, inspectors and such other officers as may be necessary for the proper administration of this Act, whose offices shall be public offices and form part of the Public Service.

Private Voluntary Organisations to be registered

Section 5 of the PVO Act repealed section 6 of the Principal Act and substituted it with a new section 6.

According to the substituted (new) section 6(1) “pre-existing charitable entity” means an entity (whether a trust, body, or association of persons corporate or unincorporate or any institution), that immediately before the commencement of the Private Voluntary Organisations Amendment Act.

According to section 6(2) no trust, body, or association of persons corporate or unincorporate or any institution whose objects are specified in section 2 of the Principal Act and is not exempted, shall, subject to section 6(11) commence or continue to carry on its activities unless, within ninety days of the commencement of the Private Voluntary Organisations Amendment Act, or within thirty days of the commencement of its operations in Zimbabwe, whichever is the later date, it has been registered in terms of this Act.

Re-registration or amendment of registration required in certain circumstances

Section 7 of the PVO Amendment Act introduces section 13A to the Principal Act which requires that in the event material changes, as defined, to the particulars of the PVO as registered, the PVO must apply for the amendment of its registration particulars.

Appeals

Section 8 of the PVO Amendment Act repeals the old section 14 of the Principal Act and substitutes it with another section 14 which provides for appeals by aggrieved PVOs.

New Part IVA – Conduct of Private Voluntary Organisations

Section 9 of the PVO Amendment Act inserted a new section, being 20A, to the Principal Act to cover principles governing PVOs. This is a must read for PVOs.

Suspension of executive committee of PVOs

Section 10 of the PVO Amendment Act substitutes the old section 21 of the Principal Act. Section 21 provides for the Minister to make a High Court application for the appointment of one or more trustees to run the affairs of a PVO or for the suspension of all or any of the members of the executive committee of a registered PVO in certain circumstances.

Risk assessments

Section 10 of the PVO Amendment Act also provides for risk assessments through the substituted section 22 of the Principal Act.

General offences and penalties

Section 11 of the PVO Amendment Act amends section 23 of the Principal Act. According to section 23(4) any PVO:

that supports or opposes any political party or candidate in a presidential, parliamentary or local government election.

Is a party to any breach of Part III of the Political Parties (Finance) Act [Chapter 2:12] as a contributor of funds to a political party or candidate or otherwise, or

wilfully denies any beneficiary assistance in furtherance of its charitable objects solely on the basis of that beneficiary’s political affiliation, or wilfully makes such assistance conditional upon that beneficiary’s political affiliation; or shall be guilty of an offence.

Transitional arrangements

Section 14 of the PVO Amendment Act provides for the transitional arrangements including the registration of pre-existing charitable entities.

Further articles

Space permitting, I promise to write more articles on the PVO Amendment Act for the benefit of readers.

Conclusion

The PVO Amendment At is new and considerable time ought to be invested to understand it for compliance.

Disclaimer

This simplified article is for general information purposes only and does not constitute the writer’s professional advice.

Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Council of Estate Administrators in Zimbabwe and was recently appointed to the Board of an Engineering company. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@ gmail.com. Visit www//:hofisilaw.com for more articles.herald