Two Ministers Avoid Jail After Repaying Unauthorised Welfare Withdrawals

Two government ministers have escaped jail after hastily complying with a High Court order to reimburse more than ZiG 200,000 they had borrowed from critical welfare funds without Treasury approval.

Public Service, Labour and Social Welfare Minister Edgar Moyo and Higher and Tertiary Education, Innovation, Science and Technology Development Minister Frederick Shava reimbursed a total of ZiG 208,699 in June, 19 months after the court ordered them to do so, thereby purging their contempt of court.

According to the Zimbabwe Lawyers for Human Rights (ZLHR), the matter began when former St Mary’s legislator Marvelous Kumalo filed an application at the High Court on 24 September 2024.

Kumalo, who was represented by Sherrif Takaendesa and Tonderai Bhatasara of ZLHR, accused the two ministers of borrowing from several funds established to assist vulnerable groups without seeking prior Treasury approval, in violation of the Public Finance Management (Treasury Instructions), 2019 and the Constitution.

Kumalo argued that the borrowings, which took place between 2019 and 2023 and were revealed in the Auditor-General’s 2023 Report, undermined transparency and accountability as guaranteed under section 298(1)(a) of the Constitution.

The funds affected include 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.

The funds were established to cater for the welfare of children and young people, the needs of the elderly and to support skilled workers.

On 18 October 2024, High Court Judge Justice Gladys Mhuri ordered the ministers to reimburse a total of ZWG 206,370,840, converted from Zimbabwe dollars, within 90 days and to seek Treasury authority for the borrowings within 60 days.

Justice Mhuri ordered Minister Moyo to reimburse ZW$515,657,986, converted to ZWG 206,368,508 as at 5 April 2024, borrowed from the Sustainable Livelihoods Fund, ZW$3,544,915, converted to ZWG 1,418.69, borrowed from the Child Welfare Fund, and ZW$153,468, converted to ZWG 61.49, borrowed from the Older Persons Fund.

Minister Shava was ordered to reimburse ZW$5,250, converted to ZWG 2.10, borrowed from the Industrial Training and Trade Testing Fund and ZW$2,123,558, converted to ZWG 849.86, borrowed from the Skilled Manpower Trade Testing and Certification Fund.

After the ministers failed to comply for 19 months, Kumalo filed another application on 26 May 2026 seeking to have them declared in contempt of court and jailed for 90 days.

According to ZLHR, the two ministers only moved to comply in June, reimbursing ZiG 207,848 in the case of Moyo and ZiG 851.96 in the case of Shava, and also sought condonation from Treasury for the unauthorised borrowing.

Following the compliance, High Court Judge Justice Custom Kachambwa on 15 July 2026 struck Kumalo’s contempt application off the roll, meaning the ministers evaded incarceration.