To you @MthuliNcube, th Finance Minister, & @BitiTendai, th Parliamentary #PublicAccountsCommittee (#PAC) Chairperson.
I address this thread 2 you following a court application by th JusticeMin admitting that th GoZ was a creditor of a non-public entity.
#PAC is a committee of parliament, constituted 4 th purpose of auditing th revenue & th expenditure of th GoZ, statutory bodies & state-owned enterprises. It does so by examining th audit reports of th #AuditorGeneral & holding of public hearings.
The PAC has a key role to play in ensuring accountability & transparency in the financial operations of Gvt & public entities regarding allocation, spending & managing finances 2 guarantee economy, efficiency & effectiveness for th taxpayers.
#HwangeCollieryCompanyLimited is a non-public entity company. Th GoZW has 36.77% shareholding while NSSA has 6.23%.
I have previously done threads on #HCCL:
Thread #1.
Thread #2
Thread #3
Using th #ReconAct of 2005, th Justice Min, unilaterally took over a non-public entity company & became its 100% shareholder unconstitutionally, s69(1)-(3) of th Const.
He then unilaterally appointed an Administrator who took over th role of th Board of Directors.
In Case No. HC10766/18 dated 21/11/18, th Min is th Applicant without a Respondent in a Chamber Application.
How can there be a Respondent when he replaced the #HCCL shareholders with himself & made his appointed administrator th board of directors?
Th application is copied 2 #HCCL shareholders, creditors & former board members. Thz are th same shareholders whose co. was taken away from them in contravention of s69(1)-(3) of th Const. & whose directors were illegally removed, violating th Companies Act.
According to th application, #HCCL owes GoZW & its entities $204.7 million broken down as follows:
1. Min of Finance TBs thru th @ReserveBankZIM $111.5million
2. ZAMCO $16.2million,
3. ZIMRA $77.0million
@PriscaMutema2 has written a lot about th scandalous ZAMCO.
The $127.7 million state indebtedness (MoF TBs & ZAMCO) is in violation of s303(1) of th Constitution, "No money may be withdrawn from the Consolidated Revenue Fund except to meet expenditure authorised by this Constitution or by an Act of Parliament."
👉🏿Under what circumstances would th GoZW fund a a non-public entity company?
👉🏿 What are th terms of th May 2017 TBs?
👉🏿 Did th MoF take note that there was a violation of s303(1) of th Constitution?
👉🏿 Where is th chief legal advisor of th Gvt, #AttorneyGeneral?
There are various ways that a co. can raise capital 2 fund operations: 1) equity, 2) sale of goods/services, 3) debt (bank loans, trade credits, corporate bonds, etc) & 4) factoring.
How did th GoZW get involved in th funding of operations of co. not of s194 of th Const?
@GGuvamatanga isn’t it time to be accountable, transparent & open about the MoF TBs and the ZAMCO regarding #HCCL over public funds for non-state controlled commercial entities (non-SCCEs) (s194 of the Const)?
As a creditor of #HCCL, let @MthuliNcube make people of ZW know why&how th former board chairperson of th company & current minister of Mines, #WinstonChitando, made a non-SCCE to incur a Gvt debt of $127.7 million in one month in May 2017.
For the Justice Minister 2 make a chamber application without a respondent while copying th shareholders who lost their company, creditors & former board members who weren’t involved in th #ReconOrder is against s69(1)-(3) of th Const & s299&300 of th Companies Act.