Ministers Dodge Jail After Hasty Compliance With Court Order Over Borrowing Delinquency In Landmark Lawsuit
Two Zimbabwean Cabinet ministers have avoided possible imprisonment after they eventually complied with a High Court order requiring them to repay more than ZiG208,699 borrowed from government welfare funds without Treasury approval. The latest development follows contempt of court proceedings filed by former opposition legislator Marvelous Kumalo, who argued that the ministers had ignored an earlier court order for more than a year.
Ministers Repay ZiG208,699 After Contempt Application
According to the Zimbabwe Lawyers for Human Rights (ZLHR), Kumalo filed the contempt application on 26 May 2026, seeking to have Public Service, Labour and Social Welfare Minister Edgar Moyo and Higher and Tertiary Education Minister Frederick Shava jailed for 90 days.
ZLHR said the application followed the ministers’ alleged failure to comply with an order requiring them to seek Treasury authority within 60 days and reimburse the borrowed funds within 90 days.
Introducing the court action, ZLHR said:
“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.”
Welfare Funds At Centre Of High Court Dispute
The case stems from an application Kumalo filed at the Harare High Court on 24 September 2024, alleging the ministers breached the Constitution and the Public Finance Management (Treasury Instructions), 2019 by borrowing money from government funds without prior Treasury approval.
The funds included the Sustainable Livelihoods Fund, Child Welfare Fund, Older Persons Fund, Industrial Training and Trade Testing Fund, and the Skilled Manpower Trade Testing and Certification Fund.
ZLHR said Kumalo argued the borrowing violated constitutional principles of transparency and accountability.
“The failure by the two ministers to seek prior approval of the Treasury before borrowing from the critical funds… is unlawful and is clearly against the principle of transparency and accountability guaranteed in section 298(1)(a) of the Constitution,” ZLHR quoted Kumalo as arguing.
Court Strikes Matter Off Roll After Compliance
On 18 October 2024, Justice Gladys Mhuri ordered the ministers to reimburse the funds and obtain Treasury authority for the borrowing.
According to ZLHR, the ministers only complied in June 2026, repaying a combined ZiG208,699, with Moyo repaying ZiG207,848 and Shava ZiG851.96, before seeking Treasury condonation.
After the repayments, High Court Judge Justice Custom Kachambwa struck Kumalo’s contempt application off the court roll on 15 July 2026.
While the contempt proceedings have ended, the case has drawn attention to the handling of public funds and the importance of complying with court orders and public finance laws.
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