Court action to stop Mnangagwa son’s US$365m deal with Harare City
Harare residents have dragged Local Government Minister July Moyo and Harare City Council to court over a dubious deal that saw Pomona Dump sites being given for free to a bogus Netherlands company that involves President Emmerson Mnangagwa’s son, without going to tender.
Residents are expected to pay more than US$14,600,000 per year for 25 years, US$365 million cumulatively.
Nehanda Radio understands that Geogenix B.V company, jointly chaperoned by Delish Nguwaya and Mnangagwa’s son Collins, is expected to be paid at least US$22 000 a day and US$14,600,000 a year, according to its contract.
The company is supposed to turn the waste in the Pomona landfill into energy.
Geogenix B.V was allegedly, without going to tender, given Pomona Dump sites for free by City of Harare (COH) councillors led by acting Mayor Stewart Mutizwa in June last year.
In the latest court case against the contract, Allan Norman Markham, Combined Harare Residents Association, Borrowdale Residents and Ratepayers Association and Centre for Alternative Development Trust are first to fourth applicants respectively.
The applicant is seeking “that the resolution by the 1″ Respondent to enter into a contract with 6 Respondent be and is hereby set aside and the consequential relief that the contract subsequently signed by and between the 1st = and 6th prime Respondents be declared a nullity and to be of no force or effect.”
Harare City Council, Minister of Local Government, Stewart Mutizwa, Jacob Mafume, Engineer Phakamile Moyo and Geogenix Bv are the respondents in that order.
“I have established that the Council meeting on 28 February 2022 was not properly convened and therefore a nullity. The meeting was convened pursuant to a special notice of 28 February 2022. However as the minutes reflect the Council went on to hold an ordinary meeting as opposed to a special meeting.
“It goes without saying that the Council could not have held an ordinary meeting as a consequence of a notice calling for a special meeting. The meeting was therefore illegal as no notice as required by the law was given to the Councillors,” the applicant further said.
“It is also notable that the date of the notice was the same date on which the meeting was held. This is improper as it did not afford enough time for Councillors to prepare and attend the meeting.
“According to section 4(2) of the Harare (Proceedings of the Council) By-Laws, 1973, the notice of any meeting of the council ‘shall be delivered to the place of abode of each councillor or his usual place of business within the municipality, and, in the case of the notice of any ordinary meeting of the council, at least two days before such meeting’.
“The minutes of the meeting of 28 February 2022 reflect that the meeting was an ordinary meeting. Accordingly there was no compliance with the requirement of the notice period for an ordinary meeting.
“The notice period also failed to satisfy the minimum period for a special meeting, which is at least 24 hours according to section 84 (4) of the Urban Councils Act” the application read. Nehanda Radio