The Attorney General of Zimbabwe, Virginia Mabiza, has formally opposed a citizen-led constitutional application seeking to nullify the controversial Private Voluntary Organisations (PVO) Amendment Act, No. 1 of 2025 setting the stage for a high-stakes legal battle over parliamentary procedure and executive authority. In a Notice of Opposition and Opposing Affidavit filed in the Constitutional Court on January 13, 2026, and obtained by CITE, Mabiza, representing both herself and President Emmerson Mnangagwa, argues that the applicant, Youngerson Matete, has failed to establish any legitimate cause of action against them and that the case is “misplaced.” Matete’s direct application, filed on December 24, 2025, seeks a declaration that the PVO Amendment Act, No.
1 of 2025, is unconstitutional and null and void. The PVO Act has been widely criticised as a tool to stifle dissent and cripple independent humanitarian and governance work in Zimbabwe. Read Matete’s application here:https://cite.org.zw/citizen-takes-pvo-law-to-constitutional-court/ Matete alleges the law was enacted through a “legally irregular process” that violated constitutional provisions and parliamentary standing orders.
The contentious legislation introduces stringent registration requirements, operational restrictions, severe civil and criminal penalties for non-governmental and charitable organisations, which the government argues are necessary for compliance with international anti-money laundering standards set by the Financial Action Task Force (FATF). In her sworn affidavit, Mabiza pushes back forcefully, asserting that Matete’s papers do not “establish any cause of action against me.” She references Section 114 of Zimbabwe’s Constitution, which outlines her mandate, and contends that simply naming her in an official capacity is insufficient grounds for litigation. “It is meaningless for (the) applicant to simply state… that I am being sued in my official capacity without necessarily establishing any cause of action against me,” Mabiza states in the filing.
[paywall]
A central pillar of the opposition focuses on the role of the President in assenting to bills. Mabiza defends President Mnangagwa’s action, arguing that he bears “no constitutional obligation” to audit parliamentary internal processes once a bill is submitted for assent. “Where Parliament certifies that the prescribed legislative procedures have been complied with, the third Respondent (the President) is entitled to rely on such certification,” the affidavit reads.
[/paywall]
