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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

High Court Judge Justice Gladys Mhuri on Monday, 23 September reserved judgment after hearing and presiding over Obey Shava’s application seeking to compel the government to ratify the Convention Against Torture and to criminalise the practice of torture in Zimbabwe.
In an application filed at the Harare High Court on December 12, 2023, human rights lawyer Shava, represented by Tendai Biti of the Zimbabwe Lawyers for Human Rights, is seeking to compel President Mnangagwa, along with other officials, to ratify the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This convention was adopted by the United Nations in 1984 and came into effect in 1987.
Shava, a torture victim himself, argues that torture, enforced disappearances, and violence are widespread in Zimbabwe, necessitating the government’s accession to the convention.
He claims that the failure to ratify the convention violates the Constitution, particularly the rights to equal protection under the law and the principles of constitutionalism and the rule of law.
Shava asserted that there is a culture of impunity where cases of torture are not investigated, leaving victims without legal recourse.
Despite constitutional protections against torture and inhumane treatment, Shava says that these rights are not enforced in practice.
Shava further argues that Zimbabwe is out of step with international norms, as the majority of UN member states and African countries have ratified the convention.
He says that by not ratifying it, Zimbabwe risks being viewed as a pariah state and calls for the country to uphold fundamental human rights and freedoms through adherence to international law.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

A man is asking the court to make Zimbabwe ratify a convention against torture. He says torture is common in Zimbabwe and victims have no justice. The man says the government should follow international rules to protect human rights. The court has not made a decision yet. The man's lawyer is trying to make the government stop torture. If Zimbabwe doesn't follow the rules, they might look bad to other countries. The man says everyone should be treated fairly and not hurt on purpose.

Judgment Reserved In Case To Compel Zimbabwe To Ratify Anti-Torture Convention

High Court judge Justice Gladys Mhuri has ordered Harare Polytechnic College to stop demanding payment of tuition and other levies exclusively in United States dollars and accept payments from students in RTGS at the prevailing interbank rate.
According to <a href="https://www.newsday.co.zw/news/article/200022506/court-orders-harare-poly-to-accept-rtgs-payments">NewsDay</a>, this comes after some students, through the Zimbabwe Lawyers for Human Rights (ZLHR), challenged the move by Harare Polytechnic College, arguing that the mode of payment was discriminatory and a violation of the country’s exchange control regulations.
The student application was filed on 25 January in response to a circular issued on 12 January 2024.
The college had ordered students to pay tuition, catering and accommodation fees exclusively in United States dollars.
To facilitate payments, Harare Polytechnic College only provided a United States dollar-denominated account, leaving no room for payments in the local unit.
Late last year, the Government enacted Statutory Instrument 218 of 2023 which extended the use of the multiple currency system to December 2030.
The law compels businesses and individuals to accept the Zimbabwe dollar and a few other foreign currencies in domestic transactions.
Economists estimate that 80% of the local economy is dollarised, with the gap between the official and exchange rates continuing to widen.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

High Court Orders Harare Polytechnic To Accept Zimbabwe Dollar Payments

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