COMMERCIAL & CORPORATE LAW

Corporate Governance for NGOs in Zimbabwe

Contrary to the popular belief that there does not exist legislation in Zimbabwe with respect to corporate governance for NGOs, the National Code on Corporate Governance Zimbabwe, set out in the First Schedule of the Public Entities Corporate Governance Act [Chapter 10:31], applies directly to all NGOs in Zimbabwe.

Corporate Governance for NGOs in Zimbabwe is regulated by the National Code on Corporate Governance Zimbabwe (“ZIMCODE”), which applies to all duly registered business entities in Zimbabwe regardless of the manner and form of their incorporation, and whether the business entity is in the public or private sector or is non-profit making.

NGOs in Zimbabwe must always adhere to good corporate governance. The Board of an NGO is ultimately responsible for the acts or omissions of the organisation. It is therefore critical for the Board to be properly constituted by individuals possessing the necessary expertise to assist the NGO in attaining its goals within the Zimbabwean legal framework.

As reinforced by the Supreme Court in Mukurazita v Young Africa Development SC 54-25 at page 10-11:

“...it is the respondent, as an organisation and through its Board that must accept responsibility for the consequences of its actions. Singling out its director or any other office does not absolve the respondent.”

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