Online Reporter
Fidelis Munyoro
Chief Court Reporter
DZIVARESEKWA legislator Mr Edwin Mushoriwa’s legal bid against the Auditor-General of Zimbabwe has been dismissed by the High Court, with Justice Regis Dembure ruling that the case lacked merit and a Constitutional question was not ripe for determination.
Mr Mushoriwa had sought to declare the Auditor-General in breach of the Constitution for omitting financial reports of the Zimbabwe Electoral Commission, the Ministry of Finance, Economic Development and Investment Promotion, and the President’s Office for 2021, 2022, and 2023.
He also sought an order compelling the Auditor-General to submit full audit reports within 60 days.
Justice Dembure found the application to be premature, stating that the matter could be resolved within existing statutory frameworks.
“The law is settled that where there is a statute designed to provide effective redress, litigants must find redress in that law rather than pleading a Constitutional issue,” Justice Dembure said.
Mr Mushoriwa’s case, the judge determined, relied not on Constitutional grounds but on allegations of statutory breaches under the Public Funds Management Act and the Audit Office Act.
These statutes, Justice Dembure noted, provide a comprehensive framework for the Auditor-General’s duties, including the preparation and submission of annual audit reports.
The court observed that Mr Mushoriwa’s own submissions acknowledged the statutory provisions governing the Auditor-General’s responsibilities.
As such, the court ruled that there was no basis to invoke Section 309 of the Constitution, which outlines the Auditor-General’s mandate but does not define specific timelines or parameters for conducting audits.
The Auditor-General opposed the application, arguing that the alleged omissions were either already addressed or in the process of being audited.
She asserted that supplementary reports were submitted to Parliament as required by law and that no constitutional breach had occurred.
Justice Dembure agreed, stating that the court could not compel the Auditor-General to audit and publish accounts that had already been audited and reported.
Mr Mushoriwa’s motion failed to engage constitutional issues, and the court dismissed it, avoiding what Justice Dembure called an “unnecessary constitutional question.”
