Audit and Exchequer Act
- Published in Government Gazette
- Commenced on 1 July 1967
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Audit and Exchequer Act [Chapter 22:03].
2. InterpretationIn this Act—“accounting officer” means a person who is prescribed to be an accounting officer;“appropriate Minister”, in relation to—(a)a statutory body, means the Vice-President or Minister, as the case may be, responsible for administering the Act by or in terms of which the statutory body was established;(b)a company or organization other than a statutory body, means the Vice-President or Minister, as the case may be, responsible for the sector of the economy in which the company or organization carries on its main activities;“capital budget”, in relation to a statutory body, means a programme of capital expenditure which that statutory body proposes to incur or to which it proposes to commit itself during its financial year, whether or not such capital expenditure is in respect of projects which will be completed during that financial year, together with proposals for the financing thereof;“capital expenditure” means expenditure on any project involving the acquisition of capital assets such as land, buildings, plant, machinery, fixtures and fittings, whether such acquisition is additional to, an improvement of or in replacement of capital assets already held and includes, in relation to a statutory body, such other expenditure as the appropriate Minister and the Minister may designate prior to the approval or alteration of a capital budget as being capital expenditure;“Comptroller and Auditor-General” means the person appointed as such in terms of section 105 of the Constitution;“Consolidated Revenue Fund” means the Consolidated Revenue Fund referred to in section 101 of the Constitution;“discounts” means any reduction allowed on an amount of revenue due to the Consolidated Revenue Fund which is authorized by any enactment;“Exchequer Account” means any account established with the Reserve Bank in terms of subsection (1) of section twenty-two;“financial institution” means—(a)the Reserve Bank; or(b)a building society registered under the Building Societies Act [Chapter 24:02]; or(c)an accepting house, commercial bank, discount house or financial institution registered under the Banking Act [Chapter 24:20]; or(d)the Post Office Savings Bank established by the Post Office Savings Bank Act [Chapter 24:10];“financial year”, in relation to—(a)the State or the finances of Zimbabwe, means the period of twelve months ending on the 30th June in any year;(b)a statutory body or statutory fund, means the period specified in or under the Act by or in terms of which that statutory body or statutory fund was established;(c)a fund established by or in terms of this Act, means the period of twelve months ending on the 30th June in any year or such other period as may be fixed by the Treasury;“local authority” means—(a)a municipal council, town council, local board or rural district council; or(b)any other board, council or body which is declared by the Minister, by notice in the Gazette, to be a local authority for the purposes of this Act;“Minister” means the Minister of Finance or any other Minister to whom the President may, from time to time, assign the administration of this Act;“officer” means any person—(a)in the employment of the State or of a statutory body—(i)which is not a statutory body to which Part VI applies; and(ii)whose accounts are audited by the Comptroller and Auditor-General in terms of paragraph (b) of subsection (1) of section seven; or(b)whose salary is paid from a fund, other than the Consolidated Revenue Fund or the funds of a statutory body to which Part VI applies, which is audited or required to be audited by the Comptroller and Auditor-General;“Paymaster-General’s Account” means the account established in terms of subsection (2) of section twenty-two;“public moneys” means—(a)revenues; and(b)all other moneys received and held, whether temporarily or otherwise, by an officer in his official capacity;“receiver of revenue” means any person who is prescribed to be a receiver of revenue;“Reserve Bank” means the Reserve Bank of Zimbabwe established by the Reserve Bank of Zimbabwe Act [Chapter 22:10];“revenues” means all taxes, fees and other revenues of the State from whatever source arising (not being moneys which are required by law to be paid into a separate fund), including the proceeds of all loans raised by the State which, in terms of section 101 of the Constitution, form the Consolidated Revenue Fund;“State property” means property which is owned by the State or property for the custody and care of which the State is responsible;“statutory body” means any corporate body established by or in terms of any Act for special purposes and includes any company which is a subsidiary, as determined in accordance with section 143 of the Companies Act [Chapter 24:03], of such a body;“statutory fund” means any fund established by or in terms of any Act, other than this Act, but does not include a fund established by or for the purposes of a statutory body;“Treasury” means the Minister or any officer in the Treasury authorized by the Minister to act on behalf of the Treasury.
Part II – Salary, powers and duties of Comptroller and Auditor-General and staff
3. Salary of Comptroller and Auditor-GeneralThe salary of the Comptroller and Auditor-General shall be a charge on the Consolidated Revenue Fund, which is hereby appropriated to the purpose.
4. Tenure of office of Comptroller and Auditor-General
5. Staff of Comptroller and Auditor-General
6. Duties of Comptroller and Auditor-GeneralSubject to section 106 of the Constitution, the duties of the Comptroller and Auditor-General shall be—
7. Examination and audit of accounts
8. Comptroller and Auditor-General to satisfy himself that public moneys and State property are safeguarded
9. Powers of Comptroller and Auditor-General
Part III – Surcharges
10. Application of Part III
11. Power of surcharge
12. Appeals against surcharge
13. Recovery of surcharge
Part IV – Reports by Comptroller and Auditor-General
14. Annual report of Comptroller and Auditor-General
15. Special reports
16. Reports on accounts of statutory bodiesThe Comptroller and Auditor-General, after examining the accounts of any statutory body referred to in paragraph (b) subsection (1) of section seven and signing a certificate recording the result of his examination, shall transmit to the appropriate Minister his certificate upon his examination and audit of such accounts, together with any report which he may consider necessary.
17. Reports to be laid before Parliament
Part V – Management and control of public moneys and State property
18. Treasury to manage and control public moneys and State property
19. Appointment and functions of internal auditors
20. Powers of Treasury in relation to public moneys and State property
21. Loss or destruction of, or damage to, State property
22. Establishment of banking accounts
23. Moneys to be paid to Exchequer Account
24. Control of expenditures and issues from Exchequer Account
25. Issue of moneys to carry on Government at the beginning of each financial year
26. Special warrants for issues to meet unforeseen expenditure
27. Issue of moneys to carry on Government after dissolution of Parliament
28. Grants of credit
29. Advances by Treasury
30. Establishment of funds
31. Appropriation and year-end accounts
Part VI – Statutory bodies
32. Interpretation in Part VIIn this Part—“designated corporate body” means—(a)any statutory body; or(b)any corporate body or company in which the State has a controlling interest, whether by virtue of holding or controlling shares therein or by virtue of a right of appointment of members to the controlling body thereof or otherwise;and which is prescribed to be a designated corporate body for the purpose of this Part.
33. No payment or expenditure to be incurred without approvalSubject to this Act, no designated corporate body shall commit itself to or incur—
34. Submission of budgets for approval
35. Supplementary capital budgets
36. Designated corporate body may vary approved budgets
37. Appropriate Minister may vary or modify approval of budgets
38. Approved capital budget to be laid before Parliament
39. Statutory corporations not to fix or alter salaries, etc., of designated employees without consent of responsible Minister
40. Restrictions on borrowings or investments by designated corporate bodyNotwithstanding anything to the contrary contained in any other enactment, no designated corporate body may—
41. Loans to designated corporate bodies
42. Audit of accounts of designated corporate bodies
43. Duties of auditors
44. Annual reports of designated corporate bodies
45. Exemptions from Part VIRegulations made in terms of section forty-nine may prescribe that all or such of the provisions of this Part as may be specified, other than subsection (6) of section forty-four, shall not apply in relation to any designated corporate body, subject to such modifications as may be specified in the regulations.
Part VII – General
46. Accounting officer or receiver of revenue may require written instructions
47. Retention moneysAny money payable by the State under a contract which is withheld to ensure due performance of that contract may, if the Treasury so authorizes, be charged to the appropriation account relating to that contract and the money so charged shall be credited to a suspense account and may thereafter be paid out in accordance with the contract or as directed by the Treasury.
48. Recovery of debts due to State
50. Officers and other persons to obey instructions or directionsAny officer or other person to whom—
51. Inspection of officesAny officer authorized by the Treasury shall be entitled at all reasonable times to inspect any office of the State and call for the production of or to have access to any books, documents, records or information in the possession of an officer as may be necessary for the Treasury to exercise its powers and duties under this Act.
52. Offences and penalties
History of this document
31 December 2016 this version
01 July 1967