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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.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Two ministers in Zimbabwe, July Moyo and Frederick Shava, used over ZWG200 million from important funds without permission, breaking the law. A former opposition member sued them for going against financial rules in 2019 and the Constitution. The ministers took money meant for helping vulnerable people without asking first. On October 18, 2024, the High Court ordered them to pay back the money they borrowed within three months. Moyo owes different funds money, while Shava owes money from specific funds too. They also have to get permission for all past borrowings within 60 days.

High Court Orders Ministers July Moyo And Frederick Shava To Repay ZiG200 Million In Unapproved Loans

The Crisis in Zimbabwe Coalition (CiZC), a group made up of over 90 non-governmental organisations (NGOs), has urged law enforcement agencies to take action against anyone who steals from the state, regardless of their position in society.
In a statement, CiZC spokesperson Marvellous Kumalo said the capture of the State by criminals has reached”alarming” levels. Said Kumalo:
<blockquote>
The current events in our nation are alarming… We urge all Zimbabweans to stand up against the Chivayo mafia and all syndicates capturing the state. Our country is at risk, and soon we may be left with no country.
</blockquote>
Kumalo’s statement comes after Wicknell Chivayo and his business partners Moses Mpofu and Mike Chimombe turned against him and exposed a murky US$40 million Zimbabwe Electoral Commission (ZEC) deal.
The Zimbabwe Anti-Corruption Commission (ZACC) on Sunday said it was investigating the contract.
However, Kumalo claimed that the undue control over various branches of the government and the Executive by criminals was concerning. He said:
<blockquote>
What Zimbabwe is currently facing under President Mnangagwa can be described as a form of criminal state capture by his associates who are involved in corrupt business with the president.
We urge law enforcement agencies to impartially hold accountable anyone who steals from the state, even if they claim to have the backing of the President. 
Scandals such as the ZEC and the Ministry of Local Government’s mishandling of fire-tender contracts cannot be overlooked.
</blockquote>
Better Brands company, owned by ZANU PF Member of Parliament, Scott Sakupwanya, was reportedly involved in the contract to supply election-related material to ZEC in the run-up to the 23 August 2023 general elections.
Kumalo said this jeopardises ZEC’s independence and its ability to oversee fair elections. He said:
<blockquote>
The disarray witnessed with the delayed arrival of ballot papers and other election materials is evidence of the flawed tendering process and its inefficiencies.
It’s been confirmed that some suppliers provided materials to ZEC without going through a competitive tender process.
The August 2023 election had a budget of US$188 million. It did not have proper costing and worse, no transparent procurement process.
</blockquote>
Kumalo said evidence has emerged that a server, which typically costs US$4 700 was purchased for US$1.2 million. He said:
<blockquote>
This raises questions about the philosophy of ‘gutsa ruzhinji’ when a select few are looting state resources to buy cars.
The US$188 million misspent could have been used to secure grain for citizens affected by drought or purchase much-needed hospital equipment for public hospitals.
It’s deeply concerning when taxpayers are forced to travel to South Africa for cancer treatments and other complex surgeries due to the lack of proper facilities at home…
It is disheartening to see the links between the illicit ZEC funds and the turmoil in parliament. It’s especially troubling that a recipient of this money was able to enter Parliament as the uncontested representative of the Mabvuku-Tafara constituency.
This undermining of Parliament is damaging to our democracy, particularly if, as mentioned earlier, the executive, the legislature, and the judiciary all seem to be influenced by this aggressive criminal mafia.
</blockquote>
Kumalo demanded the establishment of a Commission of Inquiry to thoroughly investigate state capture and the “ZEC-gate” scandal, adding that those found guilty should be punished.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

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