Bulawayo Civic Groups: Geo Pomona Procurement Law Challenge Mounts

• Bulawayo residents and rights groups are opposing a directive from Minister Daniel Garwe to sign a waste management deal with Geo Pomona.
• They argue the proposed agreement violates national procurement laws, including the Public Finance Management Act and the Urban Councils Act.
• The groups are demanding public scrutiny and a competitive tender process for the Geo Pomona waste management contract.
• Minister Garwe issued an ultimatum for the city to sign within a week, citing 'cabinet authority' for Geo Pomona to expand its model.
• Bulawayo City Council has opted to review a draft Memorandum of Understanding rather than immediately commit to the deal, without setting a deadline.

This situation underscores the ongoing tension between central government directives and local authority autonomy, particularly concerning public procurement.

A coalition of eleven civic organizations and residents' associations in Bulawayo has vehemently rejected a directive from Minister of Local Government, Daniel Garwe, concerning a proposed waste management agreement. The minister had ordered the city to finalize a deal with Geo Pomona within a week, a move that the groups contend violates established procurement laws and bypasses the necessary public scrutiny. This unfolding situation represents a significant Geo Pomona Bulawayo procurement law challenge, pitting central government authority against local autonomy and legal adherence.

The civic groups, in a joint statement, emphasized that Bulawayo's elected representatives, including Mayor David Coltart and Town Clerk Christopher Dube, should not proceed with signing any Memorandum of Understanding (MOU) until its terms are fully disclosed and subjected to a competitive tender process. They highlighted that the council leadership is currently reviewing the implications of the ministerial directive under the Urban Councils Act, signaling a cautious approach to the mandate. The residents' associations are firm in their demand for transparency and adherence to due process before any commitment is made.

The core of the dispute centers on alleged non-compliance with Zimbabwe's public procurement law. The civic organizations explicitly argue that moving forward with the Geo Pomona deal as directed would undermine national procurement procedures, which are clearly outlined in both the Public Finance Management Act and the Urban Councils Act. They voiced concerns that these critical legal frameworks have been disregarded in this instance, potentially at the expense of the city's residents and their interests.

Demands for public scrutiny of what they termed a 'shadowy deal' are paramount. The groups insist that the proposed Geo Pomona waste management contract must undergo a competitive tender. Furthermore, they called upon the City of Bulawayo to publicly disclose its existing procurement processes, particularly those that have already attracted expressions of interest from various local companies. They specifically noted that firms like Treger, which have been operating informally at the Richmond Landfill, locally known as Ngozi Mine, deserve the opportunity to participate in competitive bidding processes.

The directive from Minister Garwe followed his visit to Bulawayo on September 10, where he was accompanied by Geo Pomona Chief Executive Dilesh Nguwaya and United Nations resident coordinator Rosemary Kalapurakal. During this visit, Garwe issued a stern ultimatum, giving the city a mere seven days to finalize the agreement. He warned that central government would act unilaterally if the Bulawayo City Council failed to comply with his instruction.

Garwe justified his stance by asserting that Geo Pomona had secured 'cabinet authority' to replicate its waste management model, which is already operational in Harare, across all major cities in Zimbabwe, including Bulawayo. In response to this pressure, the Bulawayo City Council convened an urgent meeting. Mayor David Coltart subsequently stated that the council had instructed its management to engage Geo Pomona to obtain a draft MOU for further consideration, rather than committing to an immediate signing. He clarified that the council had not imposed any specific time limits for this review, indicating a measured approach amidst the Bulawayo Council procurement dispute.

The underlying environmental issue driving the need for a waste management solution is the long-standing problem of smoke and pollution from the Richmond Landfill, or Ngozi Mine, which borders the Cowdray Park and Richmond areas. While the residents' groups acknowledge the government's legitimate concern regarding these significant environmental and health hazards, they accuse authorities of neglecting due process in their proposed resolution.

Adding another layer of complexity to the situation, a potential conflict of interest has been highlighted. Dilesh Nguwaya, who serves as the Chief Executive Officer of Geo Pomona, also holds the position of presidential advisor on waste management. The civic groups are urging the City of Bulawayo to publicly detail its plans for addressing the health hazard in Cowdray Park, a concern previously raised by both residents and the Environmental Management Agency. They also revealed that they possess an 'organised alternative' for Bulawayo's waste management and are prepared to present it to the city and other interested parties. This situation underscores the ongoing tension between central government directives and local authority autonomy, particularly concerning public procurement.

This situation underscores the ongoing tension between central government directives and local authority autonomy, particularly concerning public procurement. Lawyers advising local councils or companies bidding for public contracts in Zimbabwe should closely monitor the outcome of this dispute, as it could clarify the interpretation and enforcement of the Public Finance Management Act and Urban Councils Act regarding competitive tendering and ministerial oversight. It also highlights the importance of robust due diligence and public scrutiny in large-scale public-private partnerships to mitigate legal challenges and compliance risks.

Source: Original reporting via local media reports