The High Court of Zimbabwe has convicted Public Service, Labour and Social Welfare Minister July Moyo and Higher and Tertiary Education, Innovation, Science and Technology Development Minister Frederick Shava, for unlawfully borrowing over ZWG200 million from critical funds without prior approval from the Treasury.
The ministers were sued by Marvellous Kumalo, a former opposition legislator, who accused them of violating the Public Finance Management (Treasury Instructions), 2019, and the Constitution.
Kumalo argued that the ministers borrowed money from several government funds intended for the welfare of vulnerable populations, including children, the elderly, and skilled workers, without seeking the necessary Treasury approval.
The application was filed on September 24, 2024, at the Harare High Court, with Kumalo represented by Tonderai Bhatasara of Zimbabwe Lawyers for Human Rights. He claimed that the ministers’ actions violated principles of transparency and accountability.
The borrowings, which occurred between 2019 and 2023, were detailed in the 2023 Auditor-General’s Report, highlighting the ministers’ disregard for legal procedures.
On October 18, 2024, Justice Gladys Mhuri ordered both ministers to reimburse ZWG206,370,840 to the relevant funds within three months.
Moyo was ordered to repay ZWL$515,657,986 from the Sustainable Livelihoods Fund, ZWL$3,544,915 from the Child Welfare Fund, and ZWL$153,468 from the Older Persons Fund.
Shava was ordered to repay ZWL$5,250 from the Industrial Training and Trade Testing Fund and ZWL$2,123,558 from the Skilled Manpower Trade Testing and Certification Fund.
The court also mandated both ministers to seek Treasury authorisation for all previously borrowed amounts within 60 days of the ruling.
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