HARARE – The High Court has reversed a decision by the District Administrator for Masvingo suspending the operations of a Non-Governmental Organisation which has heightened fears of a government crackdown on civic society groups.
Justice Loice Matanda-Moyo said Roy Hove’s purported suspension of the youth advocacy group, Community Tolerance Reconciliation and Development Trust (Cotrad), had no legal basis.
“The DA is not empowered by any law to suspend or stop the operations of Cotrad,” the judge said as she allowed Cotrad’s appeal.
The DA was ordered to pay costs of the application.
In a March 11 letter to Cotrad, the DA instructed Cotrad not to carry out any activities “of any kind” in the jurisdiction of Masvingo district until investigations on the registration and approval issues concerning the organisation had been carried out.
Denford Halimani of the Zimbabwe Lawyers for Human Rights took up the case at the High Court, arguing that Hove was not empowered by any law to suspend or stop Cotrad’s operations because it is not registered as a Private Voluntary Organisation (PVO), but as a Trust, created by a Notarial Deed of Donation and Trust, and registered at the Deeds Registry.
Justice Mathanda-Moyo agreed, ruling: “The DA’s decision to suspend Cotrad’s operations is set aside and declared to be null and void and accordingly of no force and effect. Cotrad is not a voluntary organisation as contemplated in terms of the Private Voluntary Organisation Act.”
Cotrad’s purported suspension came hot on the heels of public threats made by President Emmerson Mnangagwa at a rally in Mwenezi, where he vowed to come hard on NGOs, lawyers and doctors who had come to the aid of victims of a military crackdown that followed nationwide protests against the high price of fuel on January 14.
Cotrad, formed in 2012, is involved in peace-building and national healing activities, offering its support to victims of political violence.
