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Mthuli Ncube taken to court
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A court application filed by registered public accountant Last Matema, challenging the constitution of the Public Accountants and Auditors Board (PAAB), has been dismissed by the High Court, with the applicant ordered to pay costs on a punitive scale.
Matema had sought a declaratory order against Finance Minister Mthuli Ncube, the PAAB, and its Secretary, Admire Ndurunduru, arguing that the board was improperly constituted and that Ndurunduru's tenure as secretary had been illegally extended beyond the 10-year limit specified by the Public Entities Corporate Governance (PECG) Act.
In his application, Matema contended that the PAAB did not comply with the provisions of the PECG Act and Zimbabwe's constitution. He highlighted media reports from NewsDay and The Standard, which alleged that Ndurunduru's tenure was extended beyond the legal limit and that the board had failed to address the claims or take corrective action.
Matema also claimed that Ndurunduru's appointment had not been approved by President Emmerson Mnangagwa, as required by the PECG Act. He requested the court to declare the board improperly constituted and sought an order compelling Minister Ncube to appoint a new board in compliance with the Act.
However, the respondents, including Ncube, PAAB, and Ndurunduru, opposed the application. Ncube argued that there was no competent basis for the relief sought and that the application was constitutionally imprecise. PAAB and Ndurunduru also contended that the case was a form of harassment, stemming from the rejection of Matema's audit firm's registration application.
In his ruling, High Court Judge Justice Regis Dembure found that the PAAB largely operates autonomously from the Minister of Finance, with its self-regulatory powers and limited ministerial oversight. He dismissed Matema's claims, stating that the PAAB's activities are not substantially controlled by the state or the minister.
"The board may prescribe rules of professional conduct and make regulations regarding auditing and accounting standards," Dembure said. "It is largely self-regulating in its operations, and the PECG Act does not support the applicant's claims that the PAAB is under the control of the state or minister."
The judge concluded that the application lacked legal foundation and was recklessly pursued, constituting an abuse of the court process. Dembure ordered Matema to pay costs on a legal practitioner and client scale, highlighting that the application was improperly filed.
This ruling comes after weeks of legal proceedings, marking a setback for Matema in his bid to challenge the composition and governance of the PAAB.
Matema had sought a declaratory order against Finance Minister Mthuli Ncube, the PAAB, and its Secretary, Admire Ndurunduru, arguing that the board was improperly constituted and that Ndurunduru's tenure as secretary had been illegally extended beyond the 10-year limit specified by the Public Entities Corporate Governance (PECG) Act.
In his application, Matema contended that the PAAB did not comply with the provisions of the PECG Act and Zimbabwe's constitution. He highlighted media reports from NewsDay and The Standard, which alleged that Ndurunduru's tenure was extended beyond the legal limit and that the board had failed to address the claims or take corrective action.
Matema also claimed that Ndurunduru's appointment had not been approved by President Emmerson Mnangagwa, as required by the PECG Act. He requested the court to declare the board improperly constituted and sought an order compelling Minister Ncube to appoint a new board in compliance with the Act.
However, the respondents, including Ncube, PAAB, and Ndurunduru, opposed the application. Ncube argued that there was no competent basis for the relief sought and that the application was constitutionally imprecise. PAAB and Ndurunduru also contended that the case was a form of harassment, stemming from the rejection of Matema's audit firm's registration application.
In his ruling, High Court Judge Justice Regis Dembure found that the PAAB largely operates autonomously from the Minister of Finance, with its self-regulatory powers and limited ministerial oversight. He dismissed Matema's claims, stating that the PAAB's activities are not substantially controlled by the state or the minister.
"The board may prescribe rules of professional conduct and make regulations regarding auditing and accounting standards," Dembure said. "It is largely self-regulating in its operations, and the PECG Act does not support the applicant's claims that the PAAB is under the control of the state or minister."
The judge concluded that the application lacked legal foundation and was recklessly pursued, constituting an abuse of the court process. Dembure ordered Matema to pay costs on a legal practitioner and client scale, highlighting that the application was improperly filed.
This ruling comes after weeks of legal proceedings, marking a setback for Matema in his bid to challenge the composition and governance of the PAAB.
Source - The Standard
