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Private Voluntary Organizations Act

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PRIVATE VOLUNTARY ORGANIZATIONS ACT

Acts 63/1966, 6/1976, 30/1981, 6/1995, 6/2000, 22/2001; R.G.N. 217/1970.

ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
PRIVATE VOLUNTARY ORGANIZATI ONS BOARD AND REGISTRAR OF
PRIVATE VOLUNTARY ORGANIZATIONS
3. Private Voluntary Organizations Board.
4. Functions of the Board.
5. Registrar of Private Voluntary Organizations.
PART III
REGISTRATION AND EXEMPTION OF PRIVATE VOLUNTARY
ORGANIZATIONS
6. Private voluntary organizations to be registered.
7. Partial exemptions of private voluntary organizations.
8. Temporary authority to collect contributions.
9. Registration.
10. Cancellation or amendment of certificate.
11. Private voluntary organizations not to carry on activities except under
registered name.
12. Surrender of registration certificate.
13. Restoration of cancelled or surrendered certificate.
14. Appeals.
PART IV
ADMINISTRATION OF PRIVATE VOLUNTARY ORGANIZATIONS
15. Books, accounts, records, etc.
16. Registered address.
17. Branch committees.
18. Branches not controlled by private voluntary organization.
19. Audit of accounts.
20. Inspections and examination of accounts.
PART V
MISCELLANEOUS
21. Suspension of executive committee.
22. Minister may appoint trustee to manage organization.
23. General offences and penalties.
23A. Evidence and presumption.
24. Persons prohibited from being office-bearers or officers.
25. . . . . . .
[repealed by Act 22 of 2001,with effect from the 20th May, 2002] 26. Contributions unlawfully collected.

27. Registrar may dissolve certain organizations.
28. Regulations.
AN ACT to provide for the registration of priv ate voluntary organizations, for the control
of the collection of contributions for the obj ects of such organizations and of certain
institutions, and for matt ers incidental thereto.
[Date of commencement: 1st September, 1967.] PART I
PRELIMINARY
1 Short title
This Act may be cited as the Private Vo luntary Organizations Act [Chapter 17:05].
2 Interpretation
(1) In this Act—
“Board” means the Private Voluntary Organiza tions Board established by section three;
“contributions” means movable or immovable pr operty, including money or anything that
can be exchanged for or converted into money—
(a) which is not transferred in fulfilm ent of a legally enforceable obligation;
and
(b) the mere transfer of which doe s not confer the right to claim any
consideration except any consideration in re lation to any competition, contest, game,
scheme, arrangement or system in connection with which any prize may be won;
“contributor”, in relation to the collection of contributions, means any person from whom
contributions are collected;
“local authority” includes such authority as may be prescribed;
“Minister” means the Minister of Public Service, Labour and Social Welfare or any other
Minister to whom the President may, from time to time, assign the administration of this
Act;
“private voluntary organization” 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—
(a) the provision of all or any of the material, mental, physical or social needs
of persons or families;
(b) the rendering of charity to persons or families in distress;
(c) the prevention of social distress or destitution of persons or families;
(d) the provision of assistance in, or pr omotion of, activities aimed at uplifting
the standard of living of persons or families;
(e) the provision of funds for legal aid;
( f ) the prevention of cruelty to, or th e promotion of the welfare of, animals;
(g) such other objects as may be prescribed;
(h) the collection of contributions for any of the foregoing;
but does not include—
(i) any institution or service maintain ed and controlled by the State or a local
authority; or
(ii) any religious body in respect of activities confined to religious work; or
(iii) any trust established directly by an y enactment or registered with the High
Court; or
(iv) any educational trust approved by the Minister; or

(v) any body or association of persons, corporate or unincorporate, the
benefits from which are exclus ively for its own members; or
(vi) any health institution registered und er the Health Professions Act [Chapter
27:19], in respect of activities for which it is required to be registered under that Act; or
[amended by Act 6/2000 with effect from the 2nd April 2001.] (vii) any psychological health prem ises registered under the Psychological
Practices Act [Chapter 27:11] in respect of activities for which it is required to be
registered under that Act; or
[inserted by Act 6/2000 with e ffect from the 2nd April 2001.] (vii) any body or association in respect of activities carried on for the benefit of
a hospital or nursing home which is approved by the Minister; or
(viii) any political organization in respect of work confined to political
activities; or
(ix) the Zimbabwe Red Cross Society established by the Zimbabwe Red Cross
Society Act [Chapter 17:08]; or
(x) such other bodies, associations or institutions as may be prescribed;
“register” means register under section nine;
“Registrar” means the Registrar of Private Vo luntary Organizations referred to in section
five;
“secretary”, in relation to a private voluntary organization, means the person for the time
being responsible for the a ffairs of such organization.
(2) Notwithstanding subsection (1), where cont ributions are collected from the public in
respect of a body or association referred to in subparagraph (v) or (vii), whether or not
such body or association is formed under any en actment, the provisions of this Act, in so
far as they are not inconsistent with any other enactment applicable to such body or
association, shall apply accordingly.
PART II
PRIVATE VOLUNTARY ORGANIZATI ONS BOARD AND REGISTRAR OF
PRIVATE VOLUNTARY ORGANIZATIONS
3 Private Voluntary Organizations Board
(1) There is hereby established a board to be known as the Private Voluntary
Organizations Board which shall exercise th e functions conferred upon it by this Act.
(2) Subject to this section, the Board shall consist of—
(a) five representatives from private voluntary organizations or organizations
which the Minister considers are representa tive of private voluntary organizations; and
(b) one representative from such pr ivate voluntary organization, association,
institution or other organization as the Minister may determine, from each of the
provinces into which Zimbabwe is for the time being divided; and
(c) one representative from e ach of the following Ministries—
(i) the Ministry for which the Minister is responsible;
(ii) the Ministry responsible for health and child welfare;
(iii) the Ministry responsible for justice;
(iv) the Ministry responsible for finance;
(v) the Ministry responsib le for co-operatives; and
(vi) the Ministry responsible for foreign affairs;
(d) the Registrar, ex officio.

(3) Members of the Board referred to in paragraphs (a), (b) and (c) of subsection (2) shall
be appointed by the Minister from among persons nominated for that purpose by the
appropriate association, organiza tion, institution or Ministry.
(4) Before making an appointment in terms of subsection (3), the Minister shall call upon
the association, organization, institution or Ministry concerned to nominate such number
of persons as the Minister may specify who, in its opinion, are suitable and available for
appointment as members of the Board:
Provided that the Minister may—
(i) appoint a person to be a member of the Board who has not been so
nominated and may decline to appoint any person so nominated;
(ii) where he has called for nominations in terms of this subsection in respect
of any appointment to the Board and no nomina tions have been made in respect of such
appointment within such period as he may determine when calling for such nominations,
appoint any person to be a member of the Board whether or not, in his opinion, the
person so appointed is able to represent th e views of the body whose nominations were
called for.
(5) Members of the Board shall be appointed by the Minister for such period, not

exceeding three years, as he may specify on their appointment.
(6) The Minister shall designate one of the members to be the chairman of the Board.
(7) A member of the Board who is not in the full-time employment of the State, a
statutory body or a local authority shall be pai d, out of moneys appropriated for that
purpose by Parliament, such remuneration a nd allowances as may be prescribed.
(8) The meetings and proceedings of the Board shall be as may be prescribed.
4 Functions of the Board
The functions of the Board shall be—
(a) subject to this Act, to consider and determine every application for
registration and every proposed cancellation or amendment of a certificate of registration;
(b) to hear representations by any as sociation, organization or institution
claiming entitlement to be registered as a private voluntary organization;
(c) to advise the Minister and regist ered private voluntary organizations in
respect of any matter arising out of the administration or operation of this Act or any
other matter referred to it by the Minister or the Registrar,
(d) to promote and encourage the co-ord ination of the activities of registered
private voluntary organizations havi ng similar or related objects; and
(e) to submit to the Minister an a nnual report concerning the administration
and operation of this Act.
5 Registrar of Private Voluntary Organizations
(1) There shall be a Registrar of Private Vol untary Organizations who shall be the person
for the time being holding the office of Director of Social Welfare, whose office shall be
a public office and form part of the Public Service.
(2) Subject to this Act, the Registrar shall maintain at his office a Register of Private
Voluntary Organizations in which he shall en ter all such particulars in relation to the
registration of private voluntary organizations and their constitutions as he is required to
enter by or in terms of this Act or any decision or order of a court.
(3) The Register shall be open to inspect ion during office hours by any member of the
public on payment of the prescribed fee, if any.

PART III
REGISTRATION AND EXEMPTION OF PRIVATE
VOLUNTARY ORGANIZATIONS
6 Private voluntary organizations to be registered
(1) No private voluntary organization shall—
(a) commence or continue to carry on its activities; or
(b) seek financial assistance from any source;
unless it has been registered in respect of the particular object or objects in furtherance of
which it is being conducted.
(2) No person shall collect c ontributions from the public exce pt in terms of this Act.
(3) No person shall in any manner take part in the management or control of a private
voluntary organisation, knowing that the organisation is contravening subsection (1).
[substituted by Act 22 of 2001, with effect from the 20th May, 2002] (3a) Any person who contravenes subsection (2) or (3) shall be guilty of an offence and
liable—
(a) in the case of a contravention of subsection (2), to a fine not exceeding
level five or to imprisonment for a period no t exceeding six months or to both such fine
and such imprisonment;
(b) in the case of a contravention of subsection (3), to a fine not exceeding
level four or to imprisonment for a period not exceeding three months or to both such fine
and such imprisonment.
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002] (4) No unregistered private voluntary organiza tion shall be entitled to receive a grant
from the State.
7 Partial exemptions of private voluntary organizations
(1) The Registrar may, on the application of a ny registered private voluntary organization
made in the prescribed manner, and after consultation with the Board, grant to that
organization a certificate exempting it for a stated period and subject to the prescribed
conditions, from the operation of any of the pr ovisions of this Act other than section six.
(2) Subject to subsection (3), the Registrar may at any time, after consultation with the
Board, cancel or amend any certificate of exemption granted under subsection (1).
(3) Before cancelling or amending a certificate of exemption in terms of subsection (2),
the Registrar shall cause written notice of his intention to do so to be given to the
secretary of the organisation concerned, and shall afford hi m a reasonable opportunity of
showing cause why the ce rtificate should not be so cancelled or amended.
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002] (4) If the secretary of a private voluntary organisation re ceives a written request from the
Registrar to lodge with him for the purposes of cancellation or amendment any certificate
of exemption which has been cancelled or amended, as the case may be, in terms of
subsection (2), and, without reas onable excuse, fails to comply with the request within
ninety days of receiving it, he shall be guilty of an offence and liable to a fine not
exceeding level three or to imprisonment fo r a period not exceeding one month or to both
such fine and such imprisonment.
[substituted by Act 22 of 2001, with effect from the 10th September,2002] 8 Temporary authority to collect contributions

(1) Notwithstanding any provision of this Act to the contrary, the Registrar may, after
consultation with the chairman of the Board, grant to—
(a) any person or group of persons; or
(b) any private voluntary organi zation which is not registered;
written authority to collect contributions for a ny object referred to in paragraphs (a) to (g)
of the definition of “private voluntary organi zation” in section two, if the Registrar is
satisfied that the circumstances giving rise to the proposed collection of contributions are
such that the delay which is likely to occu r in the registration of a private voluntary
organization for the purpose of making such collection will probably prejudice the
objects for which such contributions are to be collected.
(2) An authority under subs ection (1) shall be granted—
(a) for a period which shall be stated in the authority but which shall not
exceed ninety days:
Provided that the period stated in the authority may be extended
for a further period not exceeding ninety days; and
(b) subject to such of the prescribed conditions as the Registrar may impose.
9 Registration
(1) The secretary of any private voluntary organization which is required to be registered
shall lodge with the Regist rar in the prescribed manne r an application for such
registration together with the constitution of the organization.
(2) A private voluntary organization which lodg es an application in terms of subsection
(1) shall at its own expense publish in a news paper circulating in the area concerned a
notice containing the prescribed information and shall submit proof to the Registrar that
such notice has been published.
(3) Any person may within the prescribed peri od lodge with the Registrar an objection to
the grant of the application setting out the grounds on which such objection is made; and
the Registrar shall submit any such obj ection to the Board for consideration.
(4) The Registrar may require any private vol untary organization which has applied for
registration to supply any furthe r information in connection with its application which he
may deem necessary.
(5) Where the Registrar is satisfied that the requirements referred to in subsections (1),
(2), (3) and (4) have been complied with, he shall submit the application, together with
the constitution of the organi zation, any objection to the grant of the application and any
further information supplied in connection wi th the application to the Board and the
Board may—
(a) after considering the application, grant it and direct the Registrar to issue
to the organization concerned a certificate of re gistration subject to such conditions as the
Board may impose; or
(b) reject the application if it appears to the Board that—
(i) the organization is not bona fide operating in furtherance of the objects
mentioned in its application for registration; or
(ii) the organization does not, in respect of its constitution or management,
comply with the provisions of this Act.
(6) Where the Board rejects an application for registration wholly or in part, the Registrar
shall notify the applican t organization of the rejection, and inform it of the grounds upon
which the rejection was based.

(7) The registration of an organization under this section and the objects in respect of
which it has been registered shall be pub lished by the Registrar in the Gazette.
(8) Where a registered private voluntary organi zation wishes to change its name or add to
or alter any of the objects in respect of which it is registered, the secretary thereof shall
apply to the Registrar for the certificate of registration thereof to be amended
accordingly; and the provisions of this secti on shall apply, mutatis mutandis, as if such
application were an application for registration.
10 Cancellation or amendment of certificate
(1) The Board may at any time cancel any certificate of registration—
(a) on any ground, other than a ground refe rred to in subparagraph (v) or (vi)
of paragraph (b) of subsection (5) of section nine upon which he could have rejected an
application for registration by th e organization concerned; or
(b) if any remuneration or reward, wh ich in his opinion is excessive in
relation to the total value of the contributions received by the organization concerned, has
been retained or received by any person other than a person for whose benefit the
contributions were intended; or
(c) if the organization has failed to comply with any condition of its
registration; or
(d) if the organization has ceased to function as a private voluntary
organization; or
(e) if he considers that the objects in respect of which the organization was
registered are merely ancillary or incidental to the other objects of the organization; or
( f ) if the organization, unless a certificate of exemption has been granted to it
under section seven—
(i) has failed to submit any report or re turn in accordance with section fifteen;
and
(ii) thereafter, having been requested by the Registrar to rectify such default,
has failed to do so within three mont hs after receipt of such request.
(2) The Board may at any time direct th e Registrar to amend a certificate of
registration—
(a) for the purpose of correcting any er ror therein or by varying the conditions
attaching thereto; or
(b) by the deletion therefrom of any of the objects in respect of which the
organization in question was regi stered, if in the opinion of the Board the organization is
no longer bona fide operating in furtherance of such objects.
(3) Before cancelling or amending a certificate of registration in terms of subsection (1)
or (2) the Registrar shall cause written notice of his intention to do so to be given to the
secretary of the organization concerned, and shall afford him a reasonable opportunity of
showing cause why the ce rtificate should not be so cancelled or amended.
(4) If the secretary of a private voluntary or ganization receives a written request from the
Registrar to lodge with him for the purposes of cancellation or amendment any certificate
of registration granted to such organizati on and, without reasonable excuse, fails to
comply therewith within ninety days of the r eceipt of such request, he shall be guilty of
an offence and liable to a fine not exceeding le vel three or to imprisonment for a period
not exceeding one month or to both such fine and such imprisonment.
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002]

(5) The cancellation of a certificate of registration under this section or the deletion
therefrom of any of the objec ts in respect of which the organization in question was
registered, shall be published by the Registrar in the Gazette and shall take effect as from
the date mentioned in such publication, whet her or not the certificate has been lodged
with the Registrar in compliance with a request made under subsection (4).
11 Private voluntary organizations not to carry on activities except under registered
name
(1) No registered private voluntary organization shall—
(a) carry on its activities; or
(b) seek financial assistance from any source; or
(c) collect contributions from the public;
under a name other than the name under which it is registered.
(2) Any person who in any manner takes part in the management or control of a
registered private voluntary organization, know ing that such organization is contravening
the provisions of subsection (1), shall be guilty of an offence and liable to a fine not
exceeding level four or to imprisonment for a period not exceeding three months or to
both such fine and such imprisonment.
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002] 12 Surrender of registration certificate
The secretary of a registered private voluntary organization may surrender to the
Registrar the certifi cate of registration thereof, and the Registrar may thereupon accept
the surrender subject to such of the prescribed conditions as the Registrar may impose.
13 Restoration of cancelled or surrendered certificate
Upon the application of the secretary of a pr ivate voluntary organization the certificate of
registration whereof has been cancelled or surrendered, the Registrar may gran
t to the
organization a fresh certificat e of registration and section nine shall apply, mutatis
mutandis, in connection with an application for, and the granting of, a certificate of
registration under this section.
14 Appeals
(1) Any private voluntary organization which is aggrieved by any decision of the Board
relating to the rejection, either wholly or in part, of an application for registration or
exemption or to the cancellati on, amendment, surrender or rest oration of a certificate of
registration or exemption, may appeal ag ainst that decision to the Minister.
(2) The Minister may confirm the decision of th e Board or, subject to this Act, give such
other decision as in his opinion the Board ought to have given, and may instruct the
Board to do everything necessary to give effect to his decision.
PART IV
ADMINISTRATION OF PRIVATE VOLUNTARY ORGANIZATIONS
15 Books, accounts, records, etc.
The secretary of every registered private vol untary organization shall be responsible for
ensuring that books, accounts and records are kept to the satisfaction of the Registrar and
shall within the prescribed period render to the Registrar the prescribed reports and
returns and such additional information as may be required by the Registrar.
16 Registered address
(1) Every registered private voluntary organization shall have a re gistered address in
Zimbabwe.

(2) Notice of any change of the registered address shall be given within twenty-one days
thereof to the Registrar.
17 Branch committees
(1) Every registered private voluntary orga nization which conducts its operations wholly
or partly through branches established and functioning under the control and direction
thereof shall constitute a committee for every such branch and the said organization shall
grant to every such branch a letter of delegati on in the prescribed form and subject to the
prescribed conditions.
(2) Upon the cancellation or surrender of a cer tificate of registration issued to a private
voluntary organization, any delegation granted thereby to any branch thereof shall
automatically lapse.
18 Branches not controlled by private voluntary organization
The Registrar, after consultation with the Board, may determine that any branch of a
private voluntary organization which is not su bject to the control and direction of that
organization shall, for the purposes of this Act, be deemed to be an independent and
separate private voluntary organization.
19 Audit of accounts
The secretary of every private voluntary organi zation shall, within three months after the
end of each financial year of that organizati on, cause an account of its expenditure and
revenue for that financial year to be audited by an auditor registered as a public auditor in
terms of the Public Accountants a nd Auditors Act [Chapter 27:12]:
Provided that if the Board is satisfied that the financial position of a private voluntary
organization is such that the employment of such an auditor is not justified he may,
subject to such conditions as he may determin e, authorize the appointment of some other
person to audit the accounts.
20 Inspections and examination of accounts
(1) The Minister may appoint any officer in the Public Service (hereinafter called an
“inspecting officer”)—
(a) to inspect any aspect of the affair s or activities of any private voluntary
organization and to examine all documents relating thereto;
(b) to examine the books, accounts and other documents relating to the
financial affairs of any priv ate voluntary organization;
and to report thereon to the Registrar.
(2) For the purpose of any inspection or exam ination in terms of subsection (1), an
inspecting officer may—
(a) by notice under his hand, delivered to the person concerned personally or
sent to him by post, require any person to produce to him any book or other document
which has any bearing on the subject of the inspection, examination or audit; and
(b) retain for a reasonable period an y book or document produced to him by
virtue of a notice under this s ubsection or voluntarily by any person.
(3) Any person who, having received notice under subsection (2), without lawful excuse
fails to produce any book or document referred to in subsection (2) which he may be able
to produce, shall be guilty of an offence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding thre e months or to both such fine and such
imprisonment;
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002]

Provided that in connection with the production of any such book or document, the law
relating to privilege, as applicable to a witness subpoenaed to produce any book or
document before a court of law, shall apply.
(4) Any person who—
(a) wilfully hinders or obstructs an in specting officer in the exercise of his
functions in terms of this Act; or
(b) falsely holds himself out to be an inspecting officer;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[substituted by Act 22 of 2001, with eff ect from the 10th September, 2002] PART V
MISCELLANEOUS
21 Suspension of executive committee
(1) If it appears to the Minister on information supplied to him in respect of any
registered private vol untary organization that—
(a) the organization has ceased to op erate in furtherance of the objects
specified in its constitution; or
(b) the maladministration of the organization is adversely affecting the
activities of the organization; or
(c) the organization is involved in any illegal activities; or
(d) it is necessary or desirable to do so in the public interest;
the Minister may, by notice in the Gazette—
(i) suspend all or any of the members of the executive committee of a
registered private voluntary organization from exercising all or any of their functions in
running the affairs of the organization;
(ii) amend or revoke any suspension effected in terms of subparagraph (i).
(2) Where the Minister has suspended any member of the executive committee of a
registered private voluntary organization in te rms of subsection (1) from exercising all his
functions and has not revoked the suspension wi thin thirty days after it was effected—
(a) the office of the person so suspended shall thereupon become vacant; and
(b) whether or not he has earlier resigned his office, the person shall
thereupon be disqualified from being nominated as a candidate for election to any office
of the organization until such time as the Mi nister, by notice in the Gazette, removes such
disqualification.
(3) Where the Minister has suspended some but not all the members of the executive
committee of a registered private voluntary organization in terms of subsection (1), the
remaining members shall, on the expiry of the period referred to in subsection (2)
,
forthwith call for the election of new member s in accordance with the constitution of the
organization.
22 Minister may appoint trus tee to manage organization
(1) Where the Minister has, in terms of section twenty-one, suspended all the members of
the executive committee of a registered pr ivate voluntary organization, he may appoint
one or more persons as trustees to run th e affairs of the organization for a period not
exceeding sixty days pending the election of members of a new executive committee.

(2) Subject to any directions the Minister may give him, any trustee appointed in terms of
subsection (1) shall exercise all the func tions of the executive committee of the
organization:
Provided that a trustee shall not , without the approval of the Minister, exercise any power
conferred on the executive committee by the or ganization to acquire or dispose of any
property of the organization.
(3) The office of a trustee shall terminate—
(a) as soon as the vacant offices on th e executive committee have been filled;
or
(b) on the expiry of a period of sixty days;
whichever occurs sooner:
Provided that, if the period of sixty days e xpires before the vacant offices have been
filled, a trustee shall hold office for a further thirty days.
(4) Before the termination of office of a trustee appointed in terms of subsection (1), the
trustee shall cause an election of new me mbers of the executive committee of the
organization concerned to be held on such date as he may fix.
(5) On appointing as a trustee in terms of this section a person who is not in the full-time
employment of the State, the Minister may authorize the payment from the funds of the
organization, for so long as he holds office as su ch, of a monthly salary at such rate as the
Minister may determine.
23 General offences and penalties
(1) Any person who—
(a) collects or attempts to collect or instructs another person to collect or
attempt to collect any contribution in furthe rance of any of the objects mentioned in
paragraphs (a) to (g) of the definition of “p rivate voluntary organization” in section two,
except where the collection is—
(i) on behalf of and with the author ity of a registered private voluntary
organization; or
(ii) on behalf of any body, association, institution, service or trust excluded
from that definition by subparagr aphs (i) to (x) thereof; or
(iii) authorized under section eight;
or
(b) collects or attempts to collect or instructs another person to collect or
attempt to collect any contribution for or on behalf of an unregistered private voluntary
organization;
shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
(2) Any person who falsely represents or causes or permits any other person falsely to
represent to any member of the public that he is associated with a private voluntary
organization shall be guilty of an offence and liable to a fine not exceeding level four or
to imprisonment for a period not exceeding thr ee months or to both such fine and such
imprisonment.
(3) Any person who, in or in connection with—
(a) any application for the registration of a private voluntary organization or
the exemption of such organi zation under section seven; or

(b) any application for the registration of the alteration of the name of a
registered private voluntary organization;
makes a statement or submits information th at is false or misleading in a material
particular, not having reasonable grounds for be lieving the statement or information to be
true, shall be guilty of an offence and liable to a fine not exceeding level five or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[substituted by Act 22 of 2001, with effect from the 10th September, 2002]:
23A Evidence and presumption
(1) A certificate purporting to be signed by or on behalf of the Registrar and stating
whether or not a private voluntary organisation is registered under this Act shall be
admissible as evidence in any court on its production by any person, and shall be prima
facie proof of the matters stated therein.
(2) If in a prosecution for an offence unde r subsection (2) of section twenty-three-
(a) it is alleged that the organisation which the accused person represented
himself or was represented to be associated wa s not in existence at the time the offence is
alleged to have been committed; and
(b) a certificate is produced to the court by any person which purports to have
been signed by the Registrar and states that at the time of the alleged offence no such
private voluntary organisati on was registered under this Act or had applied for
registration;
it shall be presumed unless the contrary is proved that the organisation was not in
existence at that time.
[inserted by Act 22 of 2001,with e ffect from the 20th May, 2002] 24 Persons prohibited from being office-bearers or officers
(1) Any person shall be guilty of an offence who becomes, continues to be or acts in the
capacity of an office-bearer or officer of a private voluntary organization within five
years after having been convicted under any enactment or the common law of Zimbabwe
or any law of any country of any offence involving dishonesty.
(1a) Any person who is guilty of an offence in terms of subsection (1) shall be liable to a
fine not exceeding level five or to imprisonm ent for a period not exceeding six months or
to both such fine and such imprisonment.
[inserted by Act 22 of 2001,with effect from the 10thSeptember, 2002] (2) For the purposes of subsection (1)—
“office-bearer”, in relation to a private vol untary organization, means a member of the
governing body of—
(a) that organization; or
(b) any branch, section or comm ittee of that organization; or
(c) any local, regional or subsidiary body forming part of that organization;
“officer”, in relation to a private voluntary organization, means any person working for
that organization or any branch, section or co mmittee thereof or for any local, regional or
subsidiary body forming part of that orga nization, whether or not he receives any
remuneration or reward for such work.
25 . . . . . .
[repealed by Act 22 of 2001,with effect from the 20th May, 2002] 26 Contributions unlawfully collected

(1) The Minister may, by order in writing under his hand—
(a) direct any person holding or having the control of any money, securities or
other property, representing any contributions co llected contrary to the provisions of this
Act, to retain the possession or control thereo f until a further order in regard thereto is
made by him;
(b) direct any person holding or havi ng control of any money, securities or
property such as are mentioned in paragraph (a)—
(i) to return to every contributor who is known the money, securities or
property contributed by such cont ributor and to transfer or deliver the balance, if any, to
the Minister, and to supply proof to the Mini ster of having complied with such order; or
(ii) to transfer or deliver such mone y, securities or property to the Minister,
and thereupon the Minister shall return to every contributor who is known the money,
securities or property contri buted by such contributor.
(2) Any money, securities or property which cannot be returned to the contributor in
terms of subsection (1) shall be paid into the Guardian’s Fund for the account of such
contributor and shall be dealt with in accord ance with the Administration of Estates Act
[Chapter 6:01].
(3) Any person who contravenes or fails to co mply with an order in terms of subsection
(1) shall be guilty of an offence and liable to a fine not exceeding level four or to
imprisonment for a period not exceeding thre e months or to both such fine and such
imprisonment.
[inserted by Act 22 of 2001,with effect from the 10th September, 2002] 27 Registrar may dissolve certain organizations
If a private voluntary organization ceases to function and the persons responsible in terms
of its constitution for dissolving the organiza tion fail or are unable to dissolve it within
six months thereafter, the Regi strar may do so in their stead and shall be vested with all
the powers necessary therefor, and shall dispose of the assets of the organization in
accordance with its constitution.
28 Regulations
(1) The Minister may make re gulations with regard to—
[inserted by Act 22 of 2001, gazetted on the 1st February, 2002] (a) the form of any application, authorit y, certificate, notice, order or register
to be made, given, issued or kept under th is Act and any other form which may be
required in carrying out this Act;
(b) the books, accounts and records to be kept by private voluntary
organizations and the manner in which they shall be kept;
(c) the procedure to be followed on the dissolution of a private voluntary
organization and the manner in which its assets shall be disposed of;
(d) the circumstances under and the conditions upon which contributions may
be collected by one private voluntary organiza tion on behalf of another private voluntary
organization;
(e) the manner in which persons shall be authorized by registered private
voluntary organization to collect contributions on their behalf;
( f ) any other matter which in terms of this Act is required or permitted to be
prescribed;
and generally for the better carrying out of the objects and purposes of this Act.

(2) Regulations made in terms of subsection (1) may provide penalties for contraventions
thereof, but no such penalty shall exceed a fine of level four or imprisonment for a period
of three months or to both such fine and such imprisonment.
[inserted by Act 22 of 2001,with effect from the 10th September, 2002]

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