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The government will continue paying the balance for the Pomona waste-to-energy deal despite Harare City Council (HCC) having cancelled the agreement worth over US$700 million, <a href="https://www.newzimbabwe.com/pomona-saga-rages-treasury-to-continue-paying-geogenix-despite-harare-city-council-cancelling-us700-million-project/">NewZimbabwe.com</a> reported citing Local Government Minister, July Moyo.
The minister confirmed in Parliament last Wednesday in response to questions by opposition Members of Parliament.
He said that anything that would be abrogated was to be taken over by the government and it had done so.
Harare City cancelled the agreement with Geogenix and the negotiated arrangement after a public outcry and failure to raise the required funds for the waste-to-energy management project.
Council reported the initiative would consume US$22 000 a day. 
Responding to questions from CCC MPs, Moyo said:
<blockquote>
Government is paying so that Pomona can be fixed and it is being fixed. It is enjoined to make sure that the project does not default and will take the risk of that default…
When we have a government guarantee over any entity in the country and if there is a potential default, Treasury is the one which undertakes to take over the payment and it is paying.
</blockquote>
Asked why the government was still guaranteeing a project that no longer existed, Moyo said the deal was not properly cancelled. He said:
<blockquote>
We did not want to be in default and, therefore, we have gone ahead to make sure that we protect the integrity of the country in terms of investments and in terms of doing a job, which we know we have to do and that is why we are going ahead with that project.
</blockquote>
Moyo also dismissed claims by Harare East MP, Rusty Markham that devolution funds were being used to guarantee a project in perpetuity.
Harare East MP, Tendai Biti suggested that Moyo was violating the Constitution which in Section 264 says local authorities are run by elected people and not the Honourable Minister. He asked:
<blockquote>
What is the Honourable Minister’s take on this corrupt agreement?
</blockquote>
Moyo said the central government has the responsibility over lower-tier authorities throughout the country, “not just Harare.“
The Pomona dumpsite waste-to-energy project is expected to generate up to 22MW of electricity and create at least 300 jobs. 
The US$344 million deal requires Harare to pay US$22 000 per day to Geogenix BV, an amount CCC councillors are saying is too high for a council that has been failing to provide required public goods and services due to a lack of adequate resources.
<h2><a href="https://zero.pindula.co.zw/">More Pindula News</a></h2>

Pindula News

Govt Says It Will Continue Paying Geogenix BV Despite Cancellation Of Pomona Deal

Multiple fires were lit at the Pomona Waste Site on Tuesday night in a suspected arson attack, a government official has said.
In a social media post seen by Pindula News, the Permanent Secretary in the Ministry of Information, Publicity ad Broadcasting Services, <a href="https://www.pindula.co.zw/Nick_Mangwana">Nick Mangwana</a> said investigations were already underway. He said:
<blockquote>
Last night, multiple fires were lit at the Pomona Waste Site in what is suspected to be a case of arson. The fire was successfully put out and no one was injured. Investigations are underway.
</blockquote>
Geo Pomona Waste Management private limited also issued a statement saying investigations were underway to establish whether it was a natural fire or a product of the saboteurs of the project. Read the statement seen by Pindula News:
<blockquote>
<h2>PRESS STATEMENT: FIRE INCIDENT AT POMONA DUMPSITE</h2>
Geo Pomona Waste Management (Private) Limited would like to inform ALL stakeholders and residents of Harare that there was a fire incident at the site on the 3rd of October 2022.The origins of the fire are yet to be established and investigations are underway to establish whether it was a natural fire or was a product of saboteurs of the project. Indications, presently, point towards some deliberate scheme by some third hand as the fire erupted in various but distant spots simultaneously. 
The fire erupted around 1200hrs in the afternoon and we made all efforts to contain it. We point out that about thirty percent (30%) of the dumpsite was engulfed. We are pleased to advise that at about and around 10pm in the evening of the 3rd Of October 2022, the flames were fully under control and not as raging as when the fire started. At present, we advise that we have managed to put off the fire. We have also put in place sufficient measures to safeguard the dumpsite from similar incidences going forward. 
Geo Pomona Waste Management (Private) Limited is dedicated to ensuring a pollution free environment and providing sustainable and innovative solutions in waste management. Environmentally friendly waste management is at the heart of our organisation and defines the project we are currently carrying out. We assure all stakeholders of our commitment to achieving World Class Waste Management of the Pomona Dumpsite.
</blockquote>
This is happening amid a dispute between Harare City Council and the Ministry of Local Government over the deal with the central government pushing the council to accept the US$344 million <a href="https://www.pindula.co.zw/Pomona_Dump_deal">Pomona Waste to Energy Project</a>.
The local government authority, led by Mayor Jacob Mafume, a member of the opposition Citizens Coalition for Change (CCC) is refusing to accept the project saying it is not sustainable.
The Pomona Waste to Energy Project was approved in May this year, with a German investor, Geogenix BV (fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dylish Nguwaya</a>) investing 304 million Euros, with up to 22MW of electricity expected to be generated by the project.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Fire At Pomona Waste Site In A Suspected Arson Attack

The central government has directed Harare City Council (HCC) to reverse its <a href="https://zero.pindula.co.zw/harare-city-council-suspends-us344-million-pomona-deal/">decision to terminate</a> the US$344 million <a href="https://www.pindula.co.zw/Pomona_Dump_deal">Pomona Waste to Energy Project</a>.
HCC rejected the deal which it said was:
<blockquote>
1). Superimposed by the Central Government through the Ministry of Local Government and Public Works.
2). Has a negative impact on the council and ratepayers in particular.
</blockquote>
According to the Harare-Geogenix BV agreement, Harare should pay US$40 per tonne of garbage for the estimated 550 tonnes per day delivery or a damage fee of US$3.5 million.
Harare does not have the capacity to deliver 550 tonnes of garbage per day and is expected to fail.
Documents seen by <a href="https://www.zbcnews.co.zw/govt-urges-harare-city-council-to-rescind-decision-on-pomona/">ZBC News</a> indicate that a council meeting held on August 3 resolved to among other things exercise the termination clause in its contract with Geo Pomona Waste Management (Pvt) Limited and mandated the Acting Chamber Secretary to proceed with the necessary action.
However, in a letter dated 27 August 2022, the Ministry of Local Government and Public Works directed the council in terms of Section 314 of the Urban Councils Act (Chapter 29:15) to revisit its position, considering that the project was granted the national project status.
Local Government and Public Works Minister, <a href="https://www.pindula.co.zw/July_Moyo">July Moyo</a> stated that the council’s decision is not in the interests of Harare residents, and as such, the government was not going to accept such an action.
The Minister says the local government authority’s decision will erode investor confidence.
The Pomona Waste to Energy Project was approved in May this year, with a German investor, Geogenix BV (fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dylish Nguwaya</a>) investing 304 million Euros, with up to 22MW of electricity expected to be generated by the project.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Govt Directs Harare To Reverse Its Decision To Terminate The Pomona Waste Project Deal

The Minister of Local Government and Public Works, <a href="https://www.pindula.co.zw/July_Moyo">July Moyo</a> has directed Harare City Council (HCC) to rescind resolutions which seek to suspend the <a href="https://news.pindula.co.zw/2022/05/22/harare-geogenix-bv-issue-joint-statement-on-pomona-waste-to-power-project/">contract between</a> the local government authority and Geogenix B.V on Pomona Waste to Energy project. HCC councillors have said the deal is bad and was imposed on the local government authority by the central government. In a statement seen by Pindula News, Moyo said the accumulation of arrears by Harare was a direct result of the city fathers’ neglect of the contract. Reads the statement:
<blockquote>
His Worship the Mayor 
City of Harare
<h2>DIRECTIVE IN TERMS OF SECTION 314 OF THE URBAN COUNCILS ACT (CHAPTER 29: 16) FOR COUNCIL TO RESCIND RESOLUTIONS MADE BY IT ON ON 2 JUNE 2022</h2>
The minutes of the meeting held by your Council on 2 June 2022 refer.
I have noted a number of resolutions were made in that meeting, the most notable being:
1. That Council appoints a Special Committee in terms of Section 100 of the Urban Councils Act (Chapter 29:16) to investigate the Pomona Waste to Energy Project and report to Council in two (2) weeks time. </blockquote>
<blockquote>2. That Council mandates His Worship, the Mayor to nominate members of the Special Committee who will include specialists from outside Council. </blockquote>
<blockquote>3. That Council hereby approves the following as terms of references for the Special Committee. </blockquote>
<blockquote>4. That the contract between the City of Harare and Geogenix B.V on the Pomona Waste to Energy Project be suspended with immediate effect.
Pursuant to the passing of the resolutions, your Council, through the office of the Town Clerk advised the Ministry, through a letter dated 10 June 2022, that they were unable to pay the sum invoiced for the month of May.
In terms of your contract, the passing of a resolution does not in any way expunge the obligations set out in the contract by operation of law. The obligations remain pending unless and until a consensus is reached by the contracting parties. 
Needless to say, the failure and or neglect to pay the May Invoice has serious repercussions, not only with respect to Council’s obligations, but also on Government who is the Guarantor of the project. Your failure and or neglect to pay has resulted in accumulation of arrears including interest due to the project. In my considered view, the above-mentioned resolutions were gratuitous and not in the interests of the inhabitants of Harare and the public at large, a burden which is now cascading to the inhabitants and therefore cannot be allowed.
In any case, in our reading of your contract with Geogenix B.V there is no provision for unilateral action by either Party to suspend the same.
I accordingly direct, in terms of section 314 (1) of the Urban Councils Act [Chapter 29:15], that Council immediately rescinds the resolutions cited above which seek to suspend the contract between the City of Harare and Geogenix B.V on the Pomona Waste to Energy project.
Ho J. G. Moyo
Minister of Local Government and Public Works
 CC: Minister of Finance and Economic Development, Hon. M. Ncube Attorney General, Adv. P. Machaya Minister of State for Provincial Affairs, Harare Metropolitan Province, Hon. 0. Chidawu Deputy Minister of Local Government and Public Works, Hon. M. Chombo Chief Secretary to the President and cabinet, Dr M. J. M. Sibanda Deputy Chief Secretary to the President and Cabinet, Eng. A. Marawa Permanent Secretary, Minister of Local Government and Public Works, Z. Churu Secretary for Provincial Affairs and Devolution, Harare Metropolitan, Mr. T. Muquti, The Acting Town Clerk, Harare City Council, Eng. P. Moyo Executive Chairman, Geogenix BV, Mr.D. Nguwaya 
</blockquote>
<h2>Pindula News</h2>

Minister Directs HCC To "Immediately Rescind Resolutions" Seeking To Suspend Pomona Waste Project

Harare City Council (HCC) has dismissed reports in The Herald, a state-run publication, that <a href="https://www.pindula.co.zw/Citizens%27_Coalition_for_Change">Citizens Coalition for Change (CCC)</a> councillors will get US$12 000 in fees for probing the US$240 million <a href="https://news.pindula.co.zw/2022/06/03/pomona-project-will-not-be-stopped-minister-moyo/">Pomona waste-to-energy project</a>.
Critics say the deal between Netherlands-based Geogenix BV company and HCC, which will see Geogenix BV pocketing US$22 000 per day for 30 years, was imposed on the local government authority and was instituted in violation of procurement regulations.
The opposition CCC party wants the deal scrapped saying it is bad for the council and ratepayers.
This Monday, The Herald published an article titled “CCC councillors in bribe storm over Pomona” in which it claimed that “A GROUP of CCC councillors is allegedly set to pocket US$12 000 in fees from Harare City Council for ‘investigating’ the Pomona waste management deal, now a done deal with Government backing.”
In response to the article, HCC said the report was not true. Said the city fathers:
<blockquote>
Today’s <a class="link-complex" data-user-name="HeraldZimbabwe" href="https://twitter.com/HeraldZimbabwe/" rel="noopener user" target="_blank">@HeraldZimbabwe</a> carried a story in which it alleges that the Committee probing the Pomona deal will pocket US$12 000 each in fees. The correct position is that the Finance &amp; Dvpt Committee is still to convene a meeting to determine the fees to be paid.
</blockquote>
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<div class="ticker-outer">The last paragraph of the <a class="link-complex" data-user-name="HeraldZimbabwe" href="https://twitter.com/HeraldZimbabwe/" rel="noopener user" target="_blank">@HeraldZimbabwe</a> article clearly states that Finance and Development Committee will sit to determine the amount to be paid and that meeting is yet to be conducted.</div>
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The City of Harare has since <a href="https://news.pindula.co.zw/2022/06/23/harare-appoints-special-investigation-committee-on-pomona-deal/">appointed a Special Investigation Committee</a> to look into the Pomona Waste to Energy project. The central government says the project cannot be stopped.
The heavily criticised project stipulates that Harare will pay Geogenix BV US$40 per tonne of waste delivered.
The stipulated daily delivery is at least 550 tonnes or a minimum of 200 750 tonnes per year – translating to US$8.03 million for the company in the first year.
By the second year, the daily tonnage will rise to 650; going up to 750 in the third year; 850 in the fourth year and 1,000 tonnes per day at the start of the fifth year.
This means that the City of Harare will pay Geogenix BV a minimum of US$14.6 million annually starting in 2027 until 2052.
CCC councillors say Harare does not have the capacity to deliver the required waste, therefore, believe that the deal was designed for the local authority to fail a case which will see the city still being invoiced as though it had made the deliveries.
<h2>More: <a class="external text" href="https://zero.pindula.co.zw/download/" rel="nofollow">Pindula News </a>is best enjoyed <a href="https://zero.pindula.co.zw/download/?utm_source=PindulaArticles&amp;utm_campaign=DownloadLink">via the App. Download it here</a></h2>
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Harare City Dismisses Reports Saying "CCC Councillors To Get US$12K For Probing Pomona Deal"

Local Government and Public Works Minister July Moyo has reversed a resolution by the Harare City Council that seeks to scrutinise the controversial Pomona Waste of Energy Project contract between the local authority and Geoginix BV.
In a letter addressed to Harare mayor Jacob Mafume, and dated 16 June 2022, Moyo said the resolution is unnecessary and interferes with the matter which is already before the courts. The letter reads:
<blockquote>
DIRECTIVE IN TERMS OF SECTION 14(1) OF THE URBAN COUNCILS ACT (CHAPTER 9:16) FOR COUNCIL TO RESCIND A RESOLUTION MADE BY IT IN JUNE 2022.
Please be advised that I have been availed by your Chamber Secretary the minutes of the meeting held by your Council on 2 June 2022.
A number of resolutions were made at that meeting, perhaps the most notable of which was the resolution to investigate the circumstances under which the Pomona Waste of Energy Project contract with Geoginix BV was negotiated, approved and signed by Council.
Council is, of course, at liberty to carry out the investigation which it resolved to carry out, and to challenge the validity of the contract in question.  What concerns me, however, is an associated resolution which read as follows:
That the council instruct the Acting Town Clerk to withdraw the Affidavits filed by council with the court opposing the Court case by the residents challenging the Pomona Waste Energy Project .
In my view, the above resolution unnecessary interferes with the matter which is already sub judice.
The resolution is also, in my view, premature to the extent that the investigation to be carried out is not yet complete.
There is also no suggestion in the resolution that, in making and filing the affidavit with the count, the Acting Town Clerk was either not authorized or competent to make it or that perjured himself in the process.
In my view, therefore, the resolution in question was made with a view to subverting the process of the court, and is therefore in very bad faith and cannot be allowed.
Council can always approach the court direct itself to explain why it wishes to alter or withdraw its defence.
I accordingly direct, in terms of section 314(1) of the Urban Councils Act (Chapter 29:15), that Council immediately rescinds the resolution cited above which seeks to withdraw the opposing affidavit filed by Council in the pending court proceedings.
The resolution is, in my view, in bad faith and meant to subvert the process of the court, and is therefore not in the public interest.
</blockquote>
The letter was copied to the Chief Secretary to the President and Cabinet, Dr M.J.M. Sibanda, Deputy Chief Secretary to the President and Cabinet, Eng A. Marawa, Executive Chairman, Geogenix BV, Nr D Nguwaya , The Acting Town Clerk, Harare City Council, Eng P.M. Moyo, Minister of State for Provincial Affairs, Harare Metropolitan Province, Hon 0. Chidawo, Deputy Minister of Local Government and Public Works, Hon M Chombo, Permanent Secretary of Local Government and Public Works, Mr Z.R. Churu, Secretary for Provincial Affairs and Devolution, Harare Metropolitan Province, Mr T. Muguti.

July Moyo Reverses Harare Resolution On Pomona Dumpsite Deal

CCC legislators on Wednesday quizzed Higher and Tertiary Education, Innovation, Science and Technology Development Minister Amon Murwira over the Government’s interference in the running of local authorities.
Murwira was standing in for the Leader of Government Business in Parliament.
CCC members of parliament are opposed to the controversial Pomona dumpsite deal, which was recently suspended by Harare councillors.
The contract was awarded to a Netherlands-based company whose local representative, Delish Nguwaya, is allegedly linked to the family of President Emmerson Mnangagwa.
Despite opposition from CCC councillors and Harare residents, the Government is adamant that there will be no going back on the US$344 million dollars waste-to-energy contract.
Harare East MP, Tendai Biti (CCC), questioned Murwira on the constitutional basis for Government’s intervention to force through the Pomona dumpsite deal. Said Biti:
<blockquote>
The Constitution of Zimbabwe is clear that Local Authorities are run by those that are elected by citizens to run these.
Is there a change of policy or Constitution because we now see serious interference with the city council by the central government with regards to the recently concluded and controversial Harare Pomona Dumpsite Agreement where the City of Harare is being levied the sum of US$22 000 per day for receiving its own garbage over a contract which many councillors are not in agreement with.
Can the minister clarify; why is the government not allowing the City of Harare to make its own decisions where the Minister of Local Government gives guarantees on a contract for Devolution Funds in the absence of a devolution framework?
</blockquote>
In response, Murwira said it is the government’s policy that local authorities operate within the confines of the law. He added:
<blockquote>
The Local Authority is headed by the Ministry of Local government.
It is not an independent institution. Therefore, it (the Pomona deal) is within the law.
If there are specific complaints, they should be dealt with specifically.
As I said, the government has authority over local councils. To this end, we are aware of a Cabinet approved and a Council also approved the deal.
</blockquote>
<h4>More: <a href="https://www.newzimbabwe.com/biti-ccc-legislators-grill-minister-over-pomona-rot-do-not-defend-thieves-minister-did-you-also-get-something/">NewZimbabwe.com</a></h4>

Biti Quizzes Minister Over Controversial Pomona Dumpsite Deal

<a href="https://www.pindula.co.zw/Sybeth_Musengezi">Sybeth Musengezi,</a> a ZANU PF activist who is popularly known for challenging President <a href="https://www.pindula.co.zw/Emmerson_Mnangagwa">Emmerson Mnangagwa</a>‘s ascendancy to power has rallied Harare residents to oppose the Pomona waste-to-energy project saying it is a ploy to milk residents of their money.
The US$344 million <a href="https://www.pindula.co.zw/Pomona">Pomona</a> deal is between the City of Harare and Albanian entity Geogenix BV fronted by <a href="https://www.pindula.co.zw/Dylish_Nguwaya">Dylish Nguwaya</a>, a local businessman.
According to the Harare-Geogenix BV agreement, Harare should pay US$40 per tonne of garbage for the estimated 550 tonnes per day delivery or a damage fee of US$3.5 million.
Analysts say Harare does not have the capacity to deliver 550 tonnes of garbage per day, therefore, the deal was designed to fail which means Geogenix will be paid for doing nothing. 
In a Twitter post seen by Pindula News, Musengezi said residents should stop being preoccupied with stupid things and focus. He said:
<blockquote>
The Pomona deal has to be stopped. Our leaders and their friends have no shame, vakuda kuba nekumarara kwese. They want to milk Zimbabweans from every angle. However isu vacho ndisu takazungaira (residents are stupid) we spend days posting about zvigunwe nekuromba asi tichibirwa takasvinura.
</blockquote>
Harare councillors last week announced the <a href="https://news.pindula.co.zw/2022/06/02/harare-city-council-suspends-us344-million-pomona-deal/">suspension of the deal</a> following <a href="https://news.pindula.co.zw/2022/06/01/community-water-alliance-petitions-harare-to-terminate-pomona-dumpsite-deal/">public outroar over the deal</a> which is said to be a ploy to fleece the country.
In response to the suspension, the Minister of Local Government and Public Works, <a href="https://www.pindula.co.zw/July_Moyo">July Moyo</a> has said the <a href="https://www.pindula.co.zw/Pomona">Pomona</a> Waste to Energy Project <a href="https://news.pindula.co.zw/2022/06/03/pomona-project-will-not-be-stopped-minister-moyo/">“will not be stopped”</a> adding that enough consultations were made and due process followed.
Meanwhile, Geogenix BV has already <a href="https://news.pindula.co.zw/2022/06/05/harare-handed-us750-000-bill-by-company-managing-pomona-dumpsite/">sent a US$750 000 bill</a> to the Harare City Council after the company drilled a borehole and constructed a four-roomed house at the site.
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