By ZLHR
Harare – Two ministers have evaded being incarcerated after they hastily and eventually complied with a High Court order, by reimbursing more than ZiG 200 000, which they borrowed from critical funds established by government to assist and cater for the less privileged members of society, without seeking prior approval from Treasury.
Marvelous Kumalo (pictured), a former opposition legislator had on 26 May 2026 filed an application at the High Court seeking an order for Public Service, Labour and Social Welfare Minister Hon. Edgar Moyo and Higher and Tertiary Education, Innovation, Science and Technology Development Minister Hon. Frederick Shava to be declared to be in contempt of court and for the duo to be committed to prison for a period of 90 days after they failed, refused and neglected to comply with a High Court order, where they were ordered to seek Treasury’s authority for all the money borrowed from critical funds within 60 days and to reimburse the money borrowed from the funds within 90 days.
In his initial application, which was filed on 24 September 2024 at Harare High Court, Hon. Kumalo, who was represented by Sherrif Takaendesa and Tonderai Bhatasara of Zimbabwe Lawyers for Human Rights, accused Hon. Moyo and Hon. Shava 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.
Hon. Kumalo 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 opposition legislator for St Mary’s constituency in Chitungwiza 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.
Hon. Kumalo charged that 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.
The former opposition legislator 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.
After noting non-compliance by the two ministers for 19 months following the granting of the court order, Hon. Kumalo then petitioned the High Court seeking an order for the imprisonment of Hon. Shava and Hon. Moyo for contempt of court for wilfully missing the timeframes outlined by Justice Mhuri.
In June, the duo hastily moved to purge their contempt of a court order by complying and reimbursing a total of ZiG208 699 made up of ZiG 207 848 in the case of Hon. Moyo and ZiG 851.96 in the case of Hon. Shava, which they borrowed from critical funds, without seeking prior approval from Treasury and also sought condonation from Treasury in relation to the unauthorised borrowing in line with the requirements of the High Court order.
After compliance by the two ministers, High Court Judge Justice Custom Kachambwa on 15 July 2026, then struck off Hon. Kumalo’s contempt of court application from the court roll.
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