Zimbabwe Cabinet: Geo Pomona Bulawayo Contract Legality Challenged

• Local Government Minister Daniel Garwe directed Bulawayo City Council to sign a waste management contract with Geo Pomona Waste Management within one week, citing a Cabinet decision.
• This directive bypasses the Council's previous tender process and follows President Mnangagwa's instruction to resolve the Ngozi Mine dumpsite pollution.
• Senator Timba argues the move violates constitutional devolution principles and public procurement laws, questioning the legality of imposing a contractor on an elected local authority.
• Concerns about a conflict of interest have arisen due to Dr. Dilesh Nguwaya serving as both Geo Pomona's CEO and the President's Special Advisor on Waste Management.
• Demands have been made for the government to publish the Cabinet decision, the legal basis for the directive, procurement details, and any conflict of interest declarations by Dr. Nguwaya.

The assertion that a Cabinet decision overrides all local authority and procurement processes raises fundamental questions about constitutional governance and the rule of law in Zimbabwe.

Bulawayo is grappling with a severe environmental crisis as the Ngozi Mine dumpsite, also known as Richmond Landfill, continues to burn, emitting smoke that affects residents in Cowdray Park, Emakhandeni, and Luveve. While a swift resolution is urgently needed, the central government's approach to addressing the pollution has ignited significant debate regarding legal and procedural compliance.

Local Government Minister Daniel Garwe recently visited Bulawayo, issuing a directive to the City Council to finalize an agreement with Geo Pomona Waste Management within one week. The Minister explicitly stated that the government had already determined Geo Pomona would undertake the work, negating the need for any further competitive bidding process. He further asserted that this decision originated from the Cabinet, emphasizing that the Bulawayo City Council lacked any authority to oppose a Cabinet resolution. Minister Garwe indicated that the central government would proceed with the arrangement even if the Council declined to cooperate. This directive follows an earlier instruction from President Mnangagwa for an immediate resolution to the ongoing pollution at Ngozi Mine.

The manner in which the Geo Pomona contract is being imposed on Bulawayo has drawn sharp criticism, with Senator Timba highlighting several alleged breaches of constitutional and procurement law. According to Senator Timba, the directive contravenes Sections 264, 265, and 276 of the Constitution, which enshrine the principle of devolution, granting local authorities the autonomy to manage their own affairs. Waste management, he argues, falls squarely within the purview of local responsibilities. While Cabinet is empowered to formulate national policy, it cannot, in this view, unilaterally select a private company and compel an elected local council to accept it.

Furthermore, the process is accused of violating established public procurement regulations. Bulawayo City Council had previously initiated a call for expressions of interest for waste management services, attracting applications from several companies. This tender process was subsequently halted due to a requirement from the Zimbabwe Investment and Development Agency (ZIDA) for a feasibility study. The current government directive to bypass ZIDA and directly engage Geo Pomona raises serious questions about the integrity of any subsequent feasibility study, particularly if the contractor has already been pre-determined. The assertion that a Cabinet decision overrides all local authority and procurement processes raises fundamental questions about constitutional governance and the rule of law in Zimbabwe.

Adding another layer of complexity to the controversy are significant concerns regarding a potential conflict of interest involving Dr. Dilesh Nguwaya. Dr. Nguwaya holds dual roles: he serves as both the Executive Chairman and CEO of Geo Pomona Waste Management, the company slated to receive the Bulawayo contract, and as the Special Advisor on Waste Management and Environmental Sustainability to President Emmerson Mnangagwa. In his advisory capacity, Dr. Nguwaya's responsibilities include providing guidance on waste policy and public-private partnerships.

Critics question where Dr. Nguwaya's advisory duties conclude and his commercial interests commence. Specific inquiries have been raised regarding whether he advised the Cabinet or the President to adopt the Geo Pomona model for various cities, his involvement in the Bulawayo decision, and whether he formally declared his business interests and recused himself from any decisions that could benefit his own company. The fact that the Minister of Local Government was accompanied by this Presidential Advisor, whose company was subsequently presented as the mandatory choice for the City, further fuels these transparency concerns. These are not accusations of corruption, but rather critical questions demanding clarity on transparency and ethical conduct in public office.

In response to these mounting concerns, Senator Timba has issued a series of demands for greater transparency and adherence to legal frameworks. He insists that the government must publicly disclose the Cabinet decision that specifically selected Geo Pomona for Bulawayo. Additionally, he calls for the identification of the specific law that empowers the government to impose a contractor on a local authority against its established processes. Senator Timba also demands full disclosure of the procurement process followed, including the projected costs to the public.

Crucially, he has requested the publication of any declaration of interest or recusal made by the Presidential Advisor, Dr. Dilesh Nguwaya, concerning the Geo Pomona contract. Senator Timba underscores that claims of Geo Pomona being a 'tried and tested' entity cannot supersede the fundamental requirements of lawful procurement and ensuring value for money for the citizens. While Bulawayo urgently needs a solution for the Ngozi Mine crisis, residents are equally entitled to constitutional governance, transparency, fiscal prudence, and respect for their democratically elected local council. The argument that a decision was made by 'Cabinet' cannot serve as a substitute for compliance with the law.

This case highlights significant risks for public procurement and local governance in Zimbabwe. Lawyers advising local authorities or companies bidding for public contracts should scrutinize central government directives for compliance with constitutional devolution principles and public procurement regulations, particularly regarding potential conflicts of interest and the bypassing of established tender processes.

Source: Original reporting via NewZimbabwe.com