Public
Service,
Labour
and
Social
Welfare
Minister
Hon. July
Moyo and
Higher
and
Tertiary
Education,
Innovation,
Science
and
Technology
Development
Minister
Hon. Frederick
Shava,
were
recently
sued
by
Hon. Marvellous
Kumalo,
a
former
opposition
legislator,
who
accused
the
duo
of
disregarding
the
provisions
of
the
Public
Finance
Management
(Treasury
Instructions),
2019
and
that
of
the
Constitution,
when
they
borrowed
money
from
several
funds,
established
by
government
to
assist
and
cater
for
the
less
privileged
members
of
society,
without
seeking
prior
approval
from
the
Treasury.
In
an
application,
which
was
filed
on
24
September
2024
at
Harare
High
Court,
Hon.
Kumalo,
who
was
represented
by Tonderai
Bhatasara of Zimbabwe
Lawyers
for
Human
Rights,
argued
that
the
failure
by
the
two
ministers
to
seek
prior
approval
of
the
Treasury
before
borrowing
from
the
critical
funds,
established
by
government
to
cater
for
the
development
and
promotion
of
the
welfare
of
children
and
protection
of
children
and
young
persons
including
to
cater
for
the
welfare
and
needs
of
aged
people
and
to
also
support
some
skilled
workers,
is
unlawful
and
is
clearly
against
the
principle
of
transparency
and
accountability
guaranteed
in
section
298(1)(a)
of
the
Constitution.
The
former
St
Mary’s
constituency
legislator
argued
that
his
right
to
proper
administration
of
public
funds
that
fosters
transparency
and
accountability
by
government
officials
had
been
violated
by
the
conduct
of
the
ministers,
which
is
a
violation
of
section
116
of
the
Public
Finance
Management
(Treasury
Instructions),
2019,
which
prohibits
accounting
officers
from
borrowing
money
from
funds
within
their
ministries
for
purposes
of
financing
appropriation
budgets
without
prior
written
authority
of
the
Treasury.
According
to
Hon.
Kumalo,
the
borrowings
were
done
in
a
four
year
period
spanning
from
2019
to
2023
and
were
reported
and
revealed
in
the
Auditor-General’s
Report
of
2023,
where
Hon.
Moyo
and
Hon.
Shava
disregarded
the
provisions
of
the
Constitution
and
of
the
Public
Finance
Management
(Treasury
Instructions),
2019,
by
borrowing
funds
from
Sustainable
Livelihoods
Fund,
the
Child
Welfare
Fund,
the
Older
Persons
Fund,
the
Industrial
Training
and
Trade
Testing
Fund
and
the
Skilled
Manpower
Trade
Testing
and
Certification
Fund,
without
following
laid
down
procedures
such
as
obtaining
prior
approval
from
the
Treasury.
In
filing
the
application
at
the
High
Court,
Hon.
Kumalo
argued
that
he
had
been
motivated
by
the
need
to
uphold
principles
of
public
financial
management
as
set
out
in
section
298(1)(a)
of
the
Constitution
and
to
ensure
that
transparency
and
accountability
are
respected
and
that
public
funds
are
handled
in
a
manner
in
which
they
are
not
exposed
to
corruption
and
abuse.
On
18
October
2024,
High
Court
Judge
Justice Gladys
Mhuri ordered
Hon.
Moyo
and
Hon.
Shava
to
reimburse
ZWG206
370
840
to
the
Sustainable
Livelihoods
Fund,
the
Child
Welfare
Fund,
the
Older
Persons
Fund,
the
Industrial
Training
and
Trade
Testing
Fund
and
the
Skilled
Manpower
Trade
Testing
and
Certification
Fund,
within
three
months.
Justice
Mhuri
ordered
Hon.
Moyo
to
reimburse
ZWL$515
657
986
converted
to
ZWG206
368
508
as
at
5
April
2024,
which
was
borrowed
from
the
Sustainable
Livelihoods
Fund
within
90
days
and
for
the
Public
Service,
Labour
and
Social
Welfare
Minister
to
reimburse
ZWL$3
544
915
converted
to
ZWG1
418
69
as
at
5
April
2024,
which
was
borrowed
from
the
Child
Welfare
Fund
within
90
days
and
for
him
to
reimburse
ZWL$153
468
converted
to
ZWG61.49
as
at
5
April
2024,
which
was
borrowed
from
the
Older
Persons
Fund
within
90
days.
The
High
Court
Judge
ordered
Hon.
Shava
to
reimburse
ZWL$5
250
converted
to
ZWG2.10
as
at
5
April
2024,
which
was
borrowed
from
Industrial
Training
and
Trade
Testing
Fund
within
90
days
and
for
him
to
reimburse
ZWL$2
123
558
converted
to
ZWG849.86
as
at
5
April
2024,
which
was
borrowed
from
the
Skilled
Manpower
Trade
Testing
and
Certification
Fund
within
90
days.
Justice
Mhuri
also
ordered
Hon.
Moyo
and
Hon.
Shava to
seek
the
Treasury’s authority
for
all
the
borrowed
money
from
the
Sustainable
Livelihood
Fund,
from the Child
Welfare
Fund,
from
the
Older
Persons
Fund,
from
the
Industrial
Training
and
Trade Testing
Fund,
from
the
Skilled
Manpower
Trade
Testing
and
Certification
Fund, within
60
days
of
the
granting
of
the
court
order.
Post
published
in:
Featured