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Harare High Court
Edwin Mushoriwa v Auditor General of Zimbabwe
HH 83-25
Case Details
Court
Harare High Court
Date
14 February 2025
Citation
HH 83-25
Neutral Citation
[2025] ZWHH 83
Outcome
unknown
Case Type
Application
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Constitutional LawAdministrative LawPublic Finance
Keywords
Auditor-Generalconstitutional complianceaudit reportspublic financesubsidiarity principle
Tags
constitutional ripenesssubsidiarityconstitutional avoidanceAuditor-General duties
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act, 2013
- Public Finance Management Act
- Public Finance Management Act
- Audit Office Act
- Audit Office Act
- High Court Act
- Administrative Justice Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there exists a ripe constitutional issue for determination given available statutory remedies","issue_type":"procedural/constitutional","dispositive":"yes","related_facts":"Applicant pleaded constitutional breach but available statutory remedies exist"}
- {"issue_text":"Whether the Auditor-General breached constitutional duty under s 309(2) by failing to audit all accounts","issue_type":"constitutional","dispositive":"no","related_facts":"Alleged missing appropriation accounts for 2021-2023"}
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background
Facts of the Case
Background
The applicant, a Member of Parliament, brought a constitutional application alleging that the Auditor-General failed to audit and publish full appropriation accounts for 2021-2023 in breach of constitutional and statutory duties. The respondent opposed, arguing the applicant failed to exhaust internal parliamentary remedies and denied any statutory breach.
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