A recent ruling by a court in Zimbabwe has resulted in the conviction of two government ministers being ordered to pay back over ZWG200 million, funds they accessed as loans without prior approval from the Treasury.
The ministers implicated in this case are Hon. July Moyo, who is the Minister of Public Service, Labour & Social Welfare and Hon. Frederick Shava, Minister of Higher & Tertiary Education, Innovation, Science & Technology Development
Details Of The Lawsuit
The lawsuit was filed by former opposition member Hon. Marvellous Kumalo, who accused the ministers of neglecting the stipulations outlined in the Public Finance Management (Treasury Instructions) of 2019, along with constitutional mandates. The ministers borrowed from various public funds to support vulnerable populations without obtaining the necessary authorization.
Legal Proceedings
On September 24, 2024, an application was lodged at the Harare High Court. Represented by Tonderai Bhatasara from Zimbabwe Lawyers for Human Rights, Hon. Kumalo argued that the ministers’ actions violated their constitutional duty to manage public finances transparently. This misconduct undermines accountability as outlined in section 298(1)(a) of the Constitution.
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Hon. Kumalo emphasized that the unauthorized borrowings between 2019 and 2023 were documented in the 2023 Auditor-General’s Report. The funds in question included the Sustainable Livelihoods Fund, Child Welfare Fund, Older Persons Fund, Industrial Training & Trade Testing Fund and Skilled Manpower Trade Testing & Certification Fund
Court’s Ruling On The Case
On October 18, 2024, Justice Gladys Mhuri delivered the ruling. She ordered both ministers to repay a total of ZWG206,370,840 to the respective funds within 90 days. The specific amounts required from each minister include:
- Hon. Moyo: ZWL$515,657,986 (ZG206,368,508) from the Sustainable Livelihoods Fund
- Hon. Moyo: ZWL$3,544,915 (ZG1,418.69) from the Child Welfare Fund
- Hon. Moyo: ZWL$153,468 (ZG61.49) from the Older Persons Fund
- Hon. Shava: ZWL$5,250 (ZG2.10) from the Industrial Training & Trade Testing Fund
- Hon. Shava: ZWL$2,123,558 (ZG849.86) from the Skilled Manpower Trade Testing & Certification Fund
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Future Compliance
Furthermore, Justice Mhuri mandated that both ministers obtain the Treasury’s approval for all future borrowings from these funds within 60 days of the court order. This requirement aims to ensure adherence to financial regulations and restore public trust in managing state resources.
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