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Auditor (Harare)

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The Zimbabwe Republic Police (ZRP) says that currently there are no criminal investigations on Dilesh Nguwaya of Drax Consult SAGL.
Nguwaya, who is reportedly a friend of Collins Mnangagwa, President Emmerson Mnangagwa’s son, has been arrested multiple times on armed robbery, cocaine possession and extortion allegations.
He was arrested at the height of the COVID-19 pandemic and charged with fraud in connection with an alleged Coronavirus tender scam that saw the government paying his company US$1 million.
In a statement in response to the media and public’s inquiries on why Nguwaya has not been arrested over corruption allegations, ZRP spokesperson Assistant Commissioner Paul Nyathi said Nguwaya was cleared by the Supreme Court, and therefore, he has no case to answer. Reads the statement:
<blockquote>
ZIMBABWE REPUBLIC POLICE CLARITY ON THE ARREST OF DILESH NGUWAYA (DRAX CONSUL SAGL)
The Zimbabwe Republic Police has taken note of the media and public’s inquiries on the arrest of Dilesh Nguwaya of Drax Consult Sagl and wishes to set the record straight on the matter.
The Police conducted thorough investigations and duly submitted the docket to the National Prosecuting Authority of Zimbabwe for consideration.
Whilst the docket was still at the National Prosecuting Authority of Zimbabwe, the Supreme Court of Zimbabwe made a pronouncement (Judgment number SC 66/23 and Civil Appeal number 173/22) and found that the contract between NATPHARM and Drax Consult Sagl was valid.
This judgment was subsequently placed before the National Prosecuting Authority of Zimbabwe.
The Zimbabwe Republic Police therefore takes note that the National Prosecuting Authority of Zimbabwe has since declined to prosecute Dilesh Nguwaya on the basis of the following facts:-
1. The Supreme Court of Zimbabwe Judgment on the validity of the contract between NATPHARM and Drax Consult Sagl.
2. The lack of evidence of any criminal inclination on the conduct by Drax Consult Sagl, Dilesh Nguwaya and NATPHARM in relation to the contract in question.
The National Prosecuting Authority of Zimbabwe declined to prosecute Dilesh Nguwaya on the charges of contravening Section 136 (Fraud) of the Criminal Law Codification and Reform Act, Chapter 9:23.
The Police has also taken note of the Supreme Court of Zimbabwe and National Prosecuting Authority of Zimbabwe decision on the fact that the money that was paid to Drax Consult Sagl by Treasury has been cleared and deemed clean money which should be paid to Drax Consult Sagl for the medicines which were delivered and consumed by various medical facilities in the country.
The Zimbabwe Republic Police reiterates that currently there are no criminal investigations on Dilesh Nguwaya or any pending docket held by the Police.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

ZRP Explains Why Delish Nguwaya Has Not Been Arrested

Harare City Council (HCC) now owes Geogenix BV almost US$2 million after the local authority refused to pay for the past two months as per the <a href="https://www.pindula.co.zw/Pomona_Dump_deal">Pomona Waste deal</a>.
Geogenix BV, a Netherlands-based company fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dilesh Nguwaya</a>, considered a friend of the first family, entered into a waste-to-energy deal with the City of Harare under unclear circumstances.
Under the deal, the local authority is supposed to pay US$22 000 per day or an estimated US$1 million a month to the company for the next 30 years. The agreement compels the local authority to pay a daily US$22 000 bill whether it dumps waste or not and the figure will be doubled after 12 months.
However, the City of Harare has refused to pay for the ballooning Pomona debt.
The central government through the Minister of Local Government and Public Works, July Moyo has been putting pressure on the local authority to pay the debt resulting in the two parties agreeing that the state will use the city’s devolution funds to settle the amount.
Moyo on July 7, 2022, also gave a directive to the HCC to use the devolution funds to pay Geogenix.
This prompted the lawsuit by the Combined Harare Residents Association (CHRA).
CHRA filed an urgent application on Thursday seeking an order setting aside the agreement to use the city’s devolution funds to pay Geogenix. Read the court papers:
<blockquote>
The first, second and third respondents are hereby barred and interdicted from disbursing devolution funds  for settlement of financial obligations arising from enforcement of the contract titled Pomona Waste Energy pending determination of the application under the case number HC2766/22 and availing a report prepared by the second respondent special committee.
</blockquote>
They are represented by Archford Rutanhira and Evans Moyo of the Zimbabwe Lawyers for Human Rights (ZLHR).
They cited the Local Government ministry, City of Harare, Finance and Economic Development ministry, and Georgenix BV as respondents.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Harare Council’s Debt To Geogenix BV Is Almost US$2 Million

The Combined Harare Residents Association (CHRA) has given the Local Government and Public Works Minister, July Moyo a 48-hour ultimatum to withdraw his directive to Harare City Council (HCC) with regards to the Pomona Waste-to-energy deal.
In his letter written on the 7th of July 2022, Moyo directed 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. 
Through its lawyer, Archford Rutanhira, CHRA wrote a letter on 18 July 2022 and directed it to Moyoaccusing him of interfering with the council’s resolutions on the Pomona deal. 
The letter, seen by Pindula News, wants the Minister to withdraw the directive, threatening to take him to court if he fails to do so. Reads part of the letter:
<blockquote>
Your behaviour is especially regrettable in a country, which is founded on the principles of; the supremacy of the constitution; the rule of law; transparency, justice, accountability and responsiveness. The constitution calls upon the State and all institutions and agencies of government at every level to, in formulating and implementing laws and policy decisions, come up with policies that will lead to the establishment, enhancement and promotion of a sustainable, just, free and democratic society in which people enjoy prosperous happy and fulfilling lives. Your behaviour in the Pomona Waste to Energy deal would certainly be found wanting, in so many ways and at so many levels.
We are instructed to call upon you, as we hereby do, to cease and desist from interfering with the operations of the city of Harare and in that regard for you to withdraw your letter of the 7th of July 2022 within 48 hours of receipt of this letter. Failure to do so will result in our client approaching the honorable courts for relief.
</blockquote>
CHRA reiterated that the principles and dictates of Devolution must be followed and any law or practice inconsistent with it is invalid.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Pomona Deal: Harare Residents Give Local Govt Minister 48-hour Ultimatum To Withdraw Directive

Harare mayor Jacob Mafume said the City of Harare will re-evaluate some of the deals it entered into with various investors as some of them have failed to take off within the agreed timeframes.
Mafume said the partnerships between the Harare City Council and investors should help fund service delivery and those that are not in residents’ best interests will either be renegotiated or terminated. The City of Harare said in a statement:
<blockquote>
Mayor [Jacob Mafume] says Council will re-evaluate some of the multi-million dollar deals it entered into with various investors most of which have not been performing or failed to take off at agreed time frames.
He said some of the partnerships will have to be renegotiated so that they benefit Council while dormant ones may be terminated.
In most of the deals, council provides land, and technical and intellectual input.
Mayor Mafume said the deals have to assist in funding service delivery and improving the lives of residents.
</blockquote>
Harare City Council recently clashed with the Local Government and Public Works Ministry after it suspended its Pomona Waste to Energy Joint Venture Agreement with Geogenix B.V.
The local authority said it has no capacity to pay the Netherlands-based company for dumping garbage at Pomona dumpsite but the central government insists the deal cannot be cancelled.
In a statement issued on Wednesday, 20 July on the Pomona deal, the Secretary for Local Government and Public Works Zvinechimwe Churu cancelling the deal will damage Zimbabwe’s investor reputation.

Harare To Terminate Some Multi-million Dollar Deals - Mafume

The Secretary for Local Government and Public Works Zvinechimwe Churu on Wednesday, 20 July, issued a statement on the Pomona Waste to Energy Joint Venture Agreement between the City of Harare and Geogenix B.V.
Among other things, Churu said the government will allow the City of Harare to use part of its devolution funds to pay its dues to the Netherlands-based company. Read the statement below:
<blockquote>
The Ministry wishes to apprise the public of the development on the Pomona Waste to Energy Joint Venture Agreement between the City of Harare and Geogenix B.V.
The public will be aware the City of Harare entered into a joint venture agreement with Geogenix B.V. in March 2022.
The investment proposal was appraised by the Zimbabwe Investment Development Agency, which recommended it to the Joint Venture Committee for further analysis.
All the recommendations from this process went to Cabinet for consideration. Cabinet approved and the project was granted national project status.
On 2nd June 2022, the City of Harare held a full council meeting and resolved to, amongst others,
a) appoint Special Committee to investigate the Pomona Waste to Energy Project;
b) to suspend the contract between the City of Harare and Geogenix B.V on the Pomona Waste to Energy Project with immediate effect; and
c) to withdraw the affidavits filed by council with the court opposing the court case by the residents challenging the Pomona waste energy project.
On 16th June 2022, the Minister issued a directive in terms of section 314 (1) of the Urban Councils Act, that Council immediately rescinds the resolution which sought to withdraw the opposing affidavits filed by Council in the pending court proceedings. On 7th July 2022, rescinded the rest of the resolutions.
Subsequent to the directive, Council held a Special Full Council and one of the resolutions was for the Mayor, the Finance and Development Committee chair, Acting Town Clerk, Acting Chamber Secretary and Acting Finance Director to engage the Honourable Minister of Local Government and Public Works.
We have since held the meeting and emphasized to the councillors and executive, who attended the meeting that the stance taken by Council on 2nd June 2022, if carried through would have a damaging effect on Zimbabwe’s investor relations.
His Excellency, the President’s mantra that ‘Zimbabwe is Open for Business’ and his engagement and re-engagement efforts cannot yield results if our public institutions enter into, and immediately renege on commitments that they make, purportedly on the argument that officials/councillors, who make up council have changed.
Government’s position is that council is a legal persona and decisions made by councillors, then in office, should not be varied willy-nilly on the basis that there is a group of councillors in place.
This is exactly what is happening with the Pomona Waste Management contract. In such situations, Government cannot just stand by and watch while a few individuals in council bulldoze the adoption of resolutions which damage Zimbabwe’s investor reputation.
From the outset and taking into account the fact that Council’s ability to collect revenue is still very poor due to weaknesses in billing, collection efficiency, amongst others, Government has made an undertaking, upon request by Council, that it would initially assist the local authority in various ways as it improves its capacity to collect revenue, and this would be, inter-alia:
<ul>
<li>Allowing council to use part of its devolution funds to honour its obligation funds; and</li>
<li>Support council through capitalization of its waste collection equipment, infrastructure and systems.</li>
</ul>
The understanding would be that the local authpority’s capacity would improve over the years and eventually and would be able to pay the obligations on their own.
In particular, Government, as the Guarantor, has undertaken to pay the May, June and July installments while council comes up with strategies to improve its financial systems.
However, Government takes note with concern that there are belligerent councillors within the City of Harare, who include the Mayor, who are determined to frustrate the smooth implementation of this agreement which was put in place by the same Council.
These councillors are seizing every opportunity to go to the press to vilify Government on a partnership that was consummated by council itself.
Government does not find such conduct acceptable as it amounts to political grandstanding on a very serious matter.
The city faces a crisis of major proportion with respect to the collection of waste as well as its management and this deal is a first major step towards boldly dealing with this challenge.
The errant councillors should seriously focus on cleaning up the city which is now an eyesore instead of picking up fights with investors and embroiling Government, in the process.
In the meeting held with council officials, there was a determination on the part of the Mayor to terminate the agreement with Geogenix and, in the process, pay the joint venture partner US$3,5 million.
It is apparent that these councillors are prepared to fork out this amount in ratepayers’ money regardless of the far-reaching implications that such termination will occasion on the inhabitants of the city.
</blockquote>

Govt Speaks On Pomona Waste To Energy Deal [Full Statement]

The government will pay the Netherlands-based company, Geogenix BV, for garbage dumped by the City of Harare at the Pomona waste management energy plant.
This comes after Harare City Council refused to pay a US$1.5 million bill due to Geogenix BV for services rendered in May and June.
Local Government and Public Works Minister July Moyo recently ordered the local authority to pay the money to Geogenix BV, represented by its executive chairperson Delish Nguwaya.
The City of Harare refused to pay the bill after resolving to suspend the 30-year agreement arguing it had no capacity to do so.
Council representatives, who include Harare mayor Jacob Mafume, met Moyo on Wednesday morning to map a way forward on the Pomona deal. Said Mafume:
<blockquote>
We met at the ministry’s office and Moyo said the government will take over payments, but we made it very clear that they will not touch council funds or devolution funds. We also demanded our dumpsite back.
</blockquote>
On Tuesday, the Harare Residents Trust (HRT) also condemned the waste management deal as too costly for Harare City Council.
HRT pleaded with the government to cancel the deal without prejudice to ratepayers.
More: <a href="https://www.newsday.co.zw/2022/07/govt-in-pomona-deal-climbdown/">NewsDay</a>

Govt To Pay Geogenix BV For Pomona Garbage

Harare Mayor Jacob Mafume has reiterated that Harare City Council (HCC) wanted its Pomona dumpsite back instead of lending it to Geogenix BV for 30 years.
Geogenix BV is a Netherlands-based investor identified by the local government ministry to construct a 22MW power plant at the site.
It was given its full ownership at the commencement of the <a href="https://news.pindula.co.zw/2022/05/22/harare-geogenix-bv-issue-joint-statement-on-pomona-waste-to-power-project/">US$344 million Waste-Energy deal</a> three months ago. 
Local Government and Public Works minister <a href="https://www.pindula.co.zw/July_Moyo">July Moyo</a> was identified as the man behind the multi-million-dollar deal, which is being fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dilesh Nguwaya</a> who is said to have close links with President Emmerson Mnangagwa’s family.
Norton legislator, <a href="https://www.pindula.co.zw/Temba_Mliswa">Temba Mliswa</a>, recently claimed that <a href="https://news.pindula.co.zw/2022/07/14/norton-mp-claims-minister-july-moyo-got-10-commission-on-pomona-waste-energy-deal/">July Moyo got 10 per cent from the deal</a>.
Addressing reporters at Town House this Wednesday, Mafume said individuals championing the deal will be dead after the 30 years it is supposed to run. He <a href="https://news.pindula.co.zw/2022/07/19/we-stand-by-our-resolutions-not-to-pay-geogenix-bv-for-pomona-waste-mayor-mafume/">reiterated the remarks he made yesterday</a>:
<blockquote>
We have not climbed down on the Pomona deal, we want our dumpsite back,” said Mafume.
We do not have the money even if we were to pay, we will not allow council funds to be utilised for a purpose that is not with the residents, nor will we allow devolution funds to be used for a priority that is not determined by the council.
I want to assure residents and I want to make it clear that they are not paying (the debt) with council funds, and they are not paying with devolution funds. We do not agree to this contract, and we want the dumpsite back for the residents.
There is currently nothing at the site, besides an eight-roomed cottage and a jojo tank. There is no investment yet and we are expected to pay such large amounts of money.
This dumpsite was bought by the people of Harare in 1985, thereabouts. Where have you ever heard of a landlord paying for his own land.
</blockquote>
Harare city council will be looking at an over US$2 million bill by end of this month after failing to settle the US$780 000 and US$1 million being demanded in previous months.
The agreement compels the local government authority to pay a daily US$22 000 bill whether it dumps waste or not. The figure will be doubled after 12 months.
Mafume said Harare prioritised its devolution funds for the purchase of ambulances, not Pomona adding that they “will exhaust all legal routes to reverse” the deal.
<h2><a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Harare Mayor Jacob Mafume Reiterates Harare Wants Its Pomona Dumpsite Back

MDC-T president Douglas Mwonzora says the party’s Harare councillors are not to blame for approving the controversial US$344 million Pomona waste-to-energy deal.
Addressing a news conference in Harare on Thursday, Mwonzora said his councillors were duped into rubberstamping the deal by the technical people at Harare City Council.
The deal, which ties down the cash-strapped city into a 30-year financial burden to Netherlands-based Geogenix BV, has been rejected by the rival CCC councillors.
The Government imposed the deal on the City of Harare with no resistance from MDC-T councillors before the election of CCC councillors in the 26 March by-elections.
Mwonzora said the deal should be renegotiated, arguing that his councillors were intellectually under-equipped to comprehend the complexities of the terms of the deal. He said:
<blockquote>
The council during due diligence was represented by the acting town clerk who himself is an engineer.
He came with a report to council and the recommendation was that this deal is worth to be taken and at that point in time the councillors had no cause to disbelieve him.
Not only that, the councillors were told that the Attorney General, the chief legal advisor of the country, had looked at this deal and said it was okay; so they had no cause to disbelieve it.
But it did not have all the nitty gritties that are there, the financial statement, financial model and so on were not out before the councillors.
At any rate, we would not rely on the councillors’ interpretation of that because they are not technically equipped to do that, the technically equipped people did that and made recommendations.
</blockquote>
Mwonzora said he supported the renegotiation of the deal as opposed to its complete abandonment that would see the council paying Geogenix BV US$3.5 million in damages.
According to some of the terms of the deal, Harare is obliged to pay Geogenix BV US$40 per tonne of waste delivered at the Pomona dumpsite.
The minimum daily delivery is 550 tonnes, or 200 750 tonnes per year, which equates to US$8.03 million for Geogenix BV in the first year.
<h4>More: <a href="https://www.zimlive.com/2022/07/mwonzora-trashes-pomona-deal-admits-mdc-t-councillors-duped/">ZimLive</a></h4>

Mwonzora Wants Pomona Dumpsite Deal Renegotiated

The executive chairperson of Geogenix BV, Delish Nguwaya, said the company will go ahead with the implementation of the controversial Pomona waste management project despite the City of Harare suspending it through a council resolution last month.
Speaking during a media tour of the project site on Friday, 24 June, Nguwaya accused Harare mayor Jacob Mafume of trying to sabotage the deal. Said Nguwaya:
<blockquote>
Everything we are doing is above board. The problem we have is not with HCC, but with an individual, Harare mayor Jacob Mafume who wants the deal to be renegotiated.
He was not the mayor, but all the councillors agreed with the deal. We are going to forge ahead with the deal and if he wants to cancel it, the council will pay the stipulated US$3.5 million.
</blockquote>
The 30-year-waste deal will see Geogenix BV pocketing over US$240 million at US$22 000 a day from Harare City Council for waste deliveries.
A special council meeting last month voted for the suspension of the contract but the Government insists the deal will go ahead.
<h4>More: <a href="https://www.newsday.co.zw/2022/06/pomona-project-above-board-nguwaya/">NewsDay</a></h4>

Nguwaya Blames Mafume For Pomona Deal Controversy

CCC councillors in Harare have requested to meet for a special council meeting to discuss and review the US$344 million Pomona waste-to-energy deal which has been widely criticised.
In a signed motion, the 31 CCC councillors on Wednesday wrote to Harare Mayor Jacob Mafume requesting a special council meeting to discuss the contract awarded to Geogenix BV.
According to ZimLive, Geogenix BV is a company registered in the Netherlands but owned by an Albanian businessman who is accused of corruption in his home country. Wrote the councillors:
<blockquote>
We are of the view that the deal is, as we will show, of no benefit to the city and its ratepayers.
The deal, in our respectful view, will not solve the challenges associated with refuse collection but worsen them.
Many private players who have been helping the city with refuse collection have since withdrawn.
</blockquote>
A private waste collector, Clean City, has suspended its disposal at Pomona services due to excessive charges by Geogenix.
The deal between Harare City Council and Geogenix BV is said to be a Build Operate Transfer agreement.
Build Operate Transfer is a form of project delivery method, usually for large-scale infrastructure projects, wherein a private entity receives a concession from the public sector to finance, design, construct, own, and operate a facility stated in the concession contract.
The contract signed between Harare City Council and Geogenix BV stipulates that the former will pay the latter 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.
Should Harare fail to meet the minimum waste quantities, the city will still be invoiced as though it made the deliveries.
<h4>More: <a href="https://www.zimlive.com/2022/05/26/harare-councillors-press-for-special-council-meeting-on-pomona/">ZimLive</a></h4>

Harare Councillors Push For Special Council Meeting On Pomona Dumpsite

The government has inserted new clauses in the US$400 million waste-to-energy Pomona dumpsite contract entered into by Harare City Council (HCC) with a Netherlands-based investor.
Observers say the move is meant to protect the deal pushed through by Local Government minister July Moyo from political scrutiny and possible future revocation.
According to the €304 million (at least US$400 million) deal Harare is set to get to generate up to 22 megawatts of electricity under the deal.
The deal was signed by the HCC represented by acting town clerk Mabhena Moyo and Geogenix BV represented by Miliad Lopa whose address was given as 520 H, 1017 EK, Amsterdam, Netherlands.
Geogenox BV’s local representative is businessman Delish Nguwaya who is close to the First Family, particularly President Emmerson Mnangagwa’s twin sons Sean and Collins.
The deal was granted national project status allegedly to shield it from tender process requirements and ensure that it cannot be challenged in the event of a change of political status quo. 
The agreement also stated that even if there is to be a change of statute, including on tax, that will not affect the current agreement.
Suspended Harare Mayor, Councillor Jacob Mafume, said there is no way such a deal can be legal. He added:
<blockquote>
How do we as a landlord give someone a lease and we pay the rentals? It would be criminal to do so.
This is corruption which has drunk an energy drink or taken Viagra. This deal is not legal, no one can legally execute it .It’s not worth the paper it’s written on. It is just not workable in any way, shape or fashion.
</blockquote>
Meanwhile, acting Mayor Stewart Musarurwa Mutizwa said due process was done. He said tenderers who came in first during the days of (former) town clerk Tendai Mahachi had no money and wanted to use a memorandum of understanding (MoU) with the HCC to source funds. Mutizwa added:
<blockquote>
The second tenderers also could not satisfy us and in came this company. This started in 2018 when they came and met all expectations and financial muscle and the reason why it was elevated to national status by the government is for ease of importing needed material and ease of operations.
</blockquote>
He added that the deal will leave the local authority with a state-of-the-art energy plant and integrated waste management structures, a Pomona restaurant and all the infrastructure.
More: <a href="https://thenewshawks.com/govt-shields-dodgy-us400m-deal-from-political-scrutiny/">TheNewsHawks</a>

Govt Edits The US$400 Million Waste-to-energy Pomona Dumpsite Contract

On Monday, February 28, 2022, Zimbabwe’s local government minister, July Moyo, Harare City Council’s representatives and some government officials signed a draft agreement with Netherlands-registered company Geogenix BV. <a href="https://news.pindula.co.zw/2022/03/02/pomona-waste-to-power-project-nguwaya-colleagues-to-get-us14-6-million-yearly-2027-2052/">Some believe the deal is a bad one.</a>
The signatories are Moyo, Harare City Council’s legal adviser Warren Chiwawa; Lixon Chikumbirike of the Attorney General’s office; acting Harare town clerk Phakamile Mabhena Moyo, Geogenix BV’s Zimbabwe representative Dilesh Nguwaya, local government director Fungai Samuel Mbetsa, and Miliad Lopa, an Albanian national and president of the International Consulting Agency.
The document says the company will invest US$344 million in a waste-to-energy project at the Pomona dumpsite north of Harare. It aims to generate 22 megawatts of electricity to be sold to state-owned power utility ZESA when fully functional. 
<blockquote>
<h2>Download <a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2022/03/Pomona-Waste-to-Energy-Agreement.pdf">Pomona-Waste-to-Energy-Agreement</a></h2>
</blockquote>
<h2>More: <a href="https://news.pindula.co.zw/">Pindula News</a></h2>

Download: Pomona Waste-To-Power Project Agreement

On Monday, February 28, 2022, Zimbabwe’s local government minister, July Moyo, met Harare City Councillors and presented a draft agreement with Netherlands-registered company Geogenix BV which says it will invest US$344 million in a waste-to-energy project at the Pomona dumpsite north of Harare. 
It aims to generate 22 megawatts of electricity to be sold to state-owned power utility ZESA when fully functional.
Moyo; the Harare City Council’s legal adviser Warren Chiwawa; Lixon Chikumbirike of the Attorney General’s office; acting Harare town clerk Phakamile Mabhena Moyo, Geogenix BV’s Zimbabwe representative Dilesh Nguwaya, local government director Fungai Samuel Mbetsa and Miliad Lopa, whose LinkedIn profile says he is an Albanian national and president of the International Consulting Agency, signed the document.
The investment was given “National Project Status” by the Cabinet, which approved the deal on February 14, therefore, Geogenix BV will enjoy exemptions on imported capital goods.
Former councillor, Rusty Markham, now the MP for Harare North, the deal, titled, “Concession Agreement to Design, Build and Operate the Harare Pomona Waste Management Facility and Waste to Energy Power Plant,” is flawed. Markhan told ZimLive:
<blockquote>
It’s a flawed agreement reached without public consultations or public tendering. It has not been subjected to any oversight by parliament. My analysis is that it’s also designed to fail, at which point Geogenix BV will walk away with a hefty payout.
</blockquote>
The agreement will see Harare give up its main dumpsite to Geogenix BV on a free lease for the next 30 years, at the end of which the site will be handed over to the government by the company. The deal is officially a build, operate and transfer.
Harare will pay Geogenix BV US$40 per tonne 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 Geogenix BV 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, meaning Harare will pay Geogenix BV a minimum US$14.6 million annually starting in 2027 until 2052.
The agreement says should Harare fail to meet the minimum quantities, the city will still be invoiced as though it made the deliveries to meet the minimum annual guaranteed waste quantity.
Mayor Jacob Mafume said the deal “stinks to high heavens”, adding: “It’s plain thievery.”
Markhan a member of the opposition Citizens Coalition for Change (CCC) suspects foul play as two tenders floated in the past were not awarded. Markham added:
<blockquote>
All of a sudden comes along this company waiving something called ‘Cabinet approval’ and an exemption from PRAZ (the Procurement Regulatory Authority of Zimbabwe). Why did they get an exemption?
</blockquote>
He said companies that previously bid for the project had one major concern: whether Harare can deliver enough waste for the power generation project to be sustainable.
Should Harare fail to hand over the Pomona dumpsite by the due date, according to the agreement, Geogenix BV may choose to terminate the agreement and the council would be required to pay US$3.5 million “to cover all costs and expenses incurred.”
Nguwaya has links with the first family, and it is believed by some analysts that he is using his relationships to get tenders. 
More: <a href="https://www.zimlive.com/2022/03/01/wastegate-harare-to-pay-mnangagwa-associates-us14-5m-a-year-for-25-years/">ZimLive</a>

Pomona Waste-To-Power Project: Nguwaya, Colleagues To Get US$14.6 Million Yearly 2027-2052

The High Court ruled on Tuesday that the US$20 million contract entered between Drax Consult SALG (Drax) the National Pharmaceutical Company (Natpharm) for the supply of medicines and medical sundries is valid. 
Under the deal, Drax was the supplier.
The ruling comes after Drax approached the High Court contesting an arbitral award nullifying the tender it had been granted for the supply of the medicines and surgical sundries.
Justice Webster Chinamora this Tuesday granted the application by Drax finding that the Procurement Regulations of Zimbabwe Authority Zimbabwe (PRAZ) gave authority to Natpharm to act in accordance with a resolution that had been made in procuring the required medicines and surgical sundries.
The contract was abruptly cancelled after a national public outcry following corruption allegations surrounding it.
However, Drax local representative Delish Nguwaya and former health minister Obadiah Moyo who were arrested in connection to corruption charges relating to the contract, have since been cleared of the charges while three Natpharm top executives have since been removed from remand over the same charges. 
Moyo was fired over corruption allegations. Opposition leaders including Transform Zimbabwe’s Jacob Ngarivhume and other stakeholders, including prominent journalist Hopewell Chin’ono organised a foiled protest over corruption allegations, a move that is believed to have pressurised Presiden Emmerson Mnangagwa to act.
The High Court has attracted outrage from some members of the public who said the judiciary is captured. 
Some proposed that if Moyo was indeed innocent, he must be reappointed to his post. 
More: <a href="https://www.herald.co.zw/high-court-declares-drax-natpharm-deal-valid/">The Herald</a>

The Medical Supplies Deal Between Drax And Natpharm Is Valid - High Court

Zimbabweans have petitioned President Emmerson Mnangagwa to reopen the corruption case against former Health minister Obadiah Moyo who was acquitted last week by the High Court.
Moyo was being accused of flouting tender procedures in the awarding of a US$60 million tender for COVID-19 medical supplies.
One of the companies, Drax International, was said to have been registered only two weeks prior to US$2 million being deposited in its Hungary bank account.
The payment triggered an Interpol investigation and was part of contracts worth US$60 million signed with the company, without going to tender.
Drax International local representative Delish Nguwaya was also arrested as part of the same investigation, but his trial collapsed.
Nguwaya, a convicted criminal, was said to be an associate of Mnangagwa’s son, Collins but the first family denies any links with the Drax boss, despite pictures of Nguwaya with members of the President’s family at a State function going viral on social media.
Mnangagwa fired Moyo in July last year after prosecutors claimed that the Health ministry had illegally awarded contracts without following due process.
The High Court last Thursday freed Moyo saying the State outline did not disclose an offence in Moyo’s actions.
Petitioners now want the case to be retried by an independent prosecutor. It was initiated by United Kingdom-based Zimbabwean Robert Chapman. Reads the petition:
<blockquote>
It is the citizens’ intent to request assignment of a special prosecutor and an independent investigation with the highest level of transparency that this case be reopened.  We request thorough investigation of all individuals and companies associated with this scandal, both domestic and abroad.
</blockquote>
Citizens aim to hand over the petition to the United Nations rapporteur <a href="https://news.pindula.co.zw/2021/09/29/un-sends-envoy-to-assess-the-impact-of-sanctions-on-zimbabwe/">Alena Douhan, who is expected to come to Zimbabwe on an official visit from October 18 to 28 to assess the impact of sanctions</a> imposed on the Southern African country at the turn of the millennium. 
In the petition, Chapman claims that the US$60 million COVID-19 funds that went missing could have saved lives and helped thousands of families. 
More: <a href="https://www.newsday.co.zw/2021/10/reopen-moyo-graft-case-ed-told/">NewsDay</a>

President Mnangagwa Petitioned To Reopen Obadiah Moyo's Case

Drax Consult SAGL believes that International Police Organisation (Interpol) Harare could have misinformed their counterparts in Budapest on the deal involving Drax and the Government.
This comes as Drax’s US$2 million paid by Zimbabwe for the supply of medicines and medical sundries to the National Pharmaceutical Company (Natpharm) <a href="https://news.pindula.co.zw/2021/08/22/nguwayas-us2-million-from-zimbabwe-still-stuck-in-hungary-bank/">is still frozen in the company’s bank account in Hungary.</a>
The funds were red-flagged by banks involved in the relevant financial integration system chain for suspected money laundering.
Resultantly, Drax, through its lawyer Mr Admire Rubaya, wrote to Interpol Budapest explaining the deal and urging Interpol to engage State institutions to ascertain the facts around the Drax/Natpharm transaction.
He requested Interpol Hungary to engage the Attorney-General’s office, the Commissioner-General of Police, the National Prosecuting Authority and the Chief Secretary to the President and Cabinet to gather the relevant information on the deal.
Rubaya said Drax was suspicious of any information that Interpol Hungary could have received from some elements in the Zimbabwe Republic Police.
Drax thought the reply might have mentioned the arrest of Delish Nguwaya, who is the Zimbabwean country representative of Drax.
Nguwaya was arrested in June 2020 and appeared before the courts charged with fraud. However, these allegations have since been dismissed by the courts. Said Rubaya:
<blockquote>
It is our client’s considered view that your counterparts at Interpol Harare ought to have categorically stated that these are not illicit funds and you had no reason to hold on to the funds but to release same to the appointed Drax representative.
The fact that Interpol Harare has somehow prevaricated on availing what exactly it communicated to you might mean that it gave a negative report concerning the funds.
If indeed there has been a negative report concerning the funds from Interpol Harare, our client challenges that and seeks to be given the opportunity to set the record straight.
</blockquote>
Rubaya also noted miscommunication and misinformation antics are designed to portray Drax and probably the current Government of Zimbabwe led by President Emmerson Dambudzo Mnangagwa in bad light. 
Investigative journalists exposed how Drax had unprocedurally won contracts to deliver medical supplies to NatPharm resulting in the arrest of Nguwaya, some NatPharm senior officials and then Health minister Obediah Moyo.
More: <a href="https://www.herald.co.zw/interpol-misinformed-over-draxs-blocked-us2m/">The Herald</a>

Interpol Harare Sent Bad Report About Our US$2 Million - Drax

ZRP has confirmed that suspected land baron Felix Muyaradzi today handed himself to the police. Muyaradzi who was reportedly granted permission secretly to go and attend his father in law’s funeral in Zvimba, without being granted bail by a court was arrested for illegally parcelling out land to home seekers in Westgate last year.
Munyaradzi according to the Herald after attending the funeral went on and spent the night at his house in Borrowdale and even rewarded the officers who had managed to secretly execute his release from prison. He was later on freed on $55 000 bail.
However a Harare <a href="https://www.herald.co.zw/woes-mount-for-suspected-land-baron/">man last week filed a complaint at ZRP that stated that Munyaradzi was clandestinely allowed</a> to attend the burial and he was accompanied by ZPS officers dressed in plain clothes and he said they believe it was not proper for Munyaradzi and ZPCS to do that:
<blockquote>
He was in the presence of two prison officers dressed in civilian clothes. I believe this is not proper. After the burial, Munyaradzi went to sleep to his Borrowdale home and then returned back to prison the following day. 
I also established that Felix Munyaradzi slaughtered two beasts for the prison officers and gave them 200 slaughtered chickens which were destined for Harare Remand Prison.
</blockquote>
Today this evening ZRP stated that Munyaradzi handed himself over to the police in connection with a criminal investigation they were said they are carrying out:
<blockquote>The Zimbabwe Republic Police Special Investigations Unit and Special Anti-Corruption Unit (SACU) confirm that Felix Munyaradzi handed himself to Police this evening in the company of his lawyers.</blockquote>
Prior to the update that he handed himself over to ZRP, ZRP has issued a statement stating that they are looking for him:
<blockquote>The Zimbabwe Republic Police Special Investigation Unit and Special Anti-Corruption Unit (SACU) are appealing for information which may lead to the location of Felix Munyaradzi in connection with criminal investigations which are currently underway.
The suspect has not co-operated with Police despite several invitations to him with his legal team. Anyone with information to contact any nearest Police Station.</blockquote>
This comes a few short weeks after another suspected land baron died in Parirenyatwa hospital while in custody. Last year it was alleged that Delish <a href="https://news.pindula.co.zw/2020/10/07/nguwaya-using-eds-name-is-demanding-a-bribe-from-a-jailed-land-baron-mliswa/">Nguwaya was visiting Munyaradzi in prison</a> demanding a bribe of stands over some deals they did prior to his detention.
Source: <a href="https://twitter.com/PoliceZimbabwe/status/1372939976950824972">ZRP</a>

Suspected Land Baron Felix Munyaradzi Hands Himself To ZRP

Controversial businessman Delish Nguwaya was on Tuesday removed from remand by Harare magistrate Ngoni Nduna.
In his ruling, Nduna pointed out the fact that Nguwaya has been remanded 10 times without trial, the State was seeking for another postponement. Said Nduna:
<blockquote>The State alleged that the case involved extraterritorial investigations and as for now nothing has been done.
The State had cited the COVID-19 pandemic as a restriction for them to conduct extra-territorial investigations.
… It seems the State has no idea why it needs further remand for.</blockquote>
Magistrate Nduna further ruled that the State proceeds by way of summons.
Nguwaya was arrested in June this year after he allegedly misled government into believing that his company Drax International, also known as Drax Consult SAGL, was a medical firm and could supply COVID-19 equipment to the Health ministry.
Meanwhile, investigative journalist Hopewell Chin’ono said the removal of Nguwaya from remand is the end of the case as he predicted on 15 June. He posted on Facebook:
<blockquote>Surprise surprise, Delish Nguwaya has been removed from remand today. I am not a prophet, but it was clear that Delish was only a front for powerful people!
I languished in jail for 62 days, the looters are walking! Yatofa nyaya yeDrax!!!! These are the real issues that affect your lives, citizens!
This is where your discussions should be not comedy and gossip! It is your money that is being stolen.</blockquote>
In June Chin’ono wrote on Twitter:
<blockquote>the court aginst Delish Nguwaya will collapse because the charges are built on lies. The court case is deliberately meant to collapse in order to protect Obadiah Moyo and the real owners of the looting. Nguwaya doesn’t have the power to order the State to use Drax. Who did?</blockquote>

Delish Nguwaya Removed From Remand

Controversial businessman, Delish Nguwaya popularly known for the Draxgate scandal according to Norton legislator Temba Mliswa is illegally making trips to one of Zimbabwe’s prisons where one land baron is incarcerated and he is making demands that the inmate gives him 4 stands, New Zimbabwe reports.
According to the outspoken MP, Nguwaya is using President Emmerson Mnangagwa’s name in demanding the bribe and Mliswa says he has alerted the relevant authorities.
Said Mliswa:
<blockquote>I have exposed Nguwaya’s nefarious visit to prison as a complainant to see an accused, Felix Munyaradzi, in the absence of the investigating officer for the purposes of bribery. He clandestinely demanded four residential stands from Munyaradzi, slyly using the name of the first family.</blockquote>
Mliswa further claimed that Nguwaya is illegally accessing Munyaradzi who is in jail for selling state land by entering the prison without signing in and blamed it all on corruption:
<blockquote>As yet nothing has been done. Is he untouchable? This is what happens when corruption is allowed to run riot. Anarchy is created and the opposition is unnecessarily blamed.
One day is one day. People have allowed Nguwaya to abuse the name of the First Family to their benefit. He’s totally infiltrated security, especially the police. He has captured members of the Central Intelligence Organisation (CIO) under the guise of being an informer.
What poppycock! It’s sad to see him employ the same tactics he used to use during the G40 era, he’s started again because he was arrested.</blockquote>
Nguwaya according to Mliswa is ironically working with the Special Anti Corruption Unit (SACU) and some ZRP officers to create a cartel to facilitate corruption.
More: <a href="https://www.newzimbabwe.com/mliswa-says-nguwaya-visiting-prison-facilities-to-demand-bribe-from-inmate/">New Zimbabwe</a>

Nguwaya Using ED's Name Is Demanding A Bribe From A Jailed Land Baron - Mliswa

Outspoken Member of Parliament for Norton Constituency, Temba Mliswa (Independent), has written to Prosecutor-General, Kumbirai Hodzi, requesting that the latter investigates alleged visits by Delish Nguwaya to one Felix Munyaradzi who is currently on remand in custody at Harare Remand Prison.
Mliswa queries why the accuser is allowed to visit the accused in remand prison covertly, especially without the presence of the Investigating Officer. Mliswa wrote:
<blockquote>In my capacity as a Member of Parliament and mandated in my role of legislative representation and oversight in both constituency and national interest and indeed as a concerned citizen of Zimbabwe, I hereby raise my extreme consternation over a visit made by a one, Mr Delish Nguwaya to a Mr Felix Munyaradzi who is currently on remand in custody at Harare Remand Prison
My concern arises from the fact that Mr Munyaradzi is the accused person in a matter where he is alleged to have duped Mr Nguwaya and others of money for land.
Mr Nguwaya is alleged to be covertly visiting Mr Munyaradzi for the purposes of extorting Mr Munyaradzi to enable his release from prison.
Mr Nguwaya has made two such nefarious visits in the company of certain individuals from the Special Anti-Corruption Unit (SACU) in the President’s Office without the presence of the Investigating Officer. Is this standard practice?
It goes beyond any ethical or lawful explanation to understand how Mr Nguwaya may be granted such access given the circumstances.
These unlawful visits have the propensity to compromise the case and promote evidence tampering.
Suffice to say the illicit, unrecorded visits to solicit bribes is in its very self, of a criminal nature
I therefore urgently request for an immediate investigation to be conducted into the alleged visits by Mr Nguyawa and for justice to prevail accordingly.</blockquote>
Nguwaya has been arrested several times, the latest arrest occurred in June this year after he allegedly misled government into believing that his company Drax International, also known as Drax Consult SAGL, was a medical firm and could supply COVID-19 equipment to the Health ministry.

Mliswa Demands Investigation Into Nguwaya's Prison Visits

A Newsday Columnist penned the following piece in which he spoke about the events leading to President Mnangagwa’s popularity as a reformer nosediving since the infamous August 1 shootings till now. The opinionist also spoke about reports circulating that the president barred the South African Envoys sent by South African President Cyril Ramaphisa saying there is no crisis in Zimbabwe and said the president would do anything to cling to power and history will judge him harshly for that:
<blockquote>So, the special envoys sent by South African President Cyril Ramaphosa came and went and nothing has
changed, or looks like it will in President Emmerson Mnangagwa’s dystopian reality that has become Zimbabwe. According to reports and sources, the trip did not start or end well, with Mnangagwa denying the three-team delegation of Baleka Mbethe, Sydney Mufamadi and Ngoako Abel Ramatlhodi the opportunity to meet other stakeholders that did not start and end with him. Mnangagwa, still living in a world in which he is lord of all he surveys and everyone who is not his footstool is the problem, is adamant that there was no crisis in the country. He argues that he is merely dealing with some malcontents that are hellbent on causing chaos in what should be his paradise.
The “malcontents” of course, include pesky journalists such as Hopewell Chin’ono and Mduduzi Mathuthu for daring to write about the grand theft of COVID-19 tender funds worth US$60 million given to a two-week-old firm, Drax International that is connected to his family, including his wife and children.
Mnangagwa, of course, denied ever meeting Delish Nguwaya, a convicted criminal who has met him and his wife, Auxillia several times and is a business associate of his son, Collins.
This is despite State media running pictures of Mnangagwa meeting with the shady character for a US$60 million COVID-19 “donation” that turned out to be false. ZBC even suspended the journalist who took the video for the story which headlined its main 8pm bulletin.
Valdano Brown, Mnangagwa’s chief bodyguard and nephew, was also awarded a tender under similarly suspicious circumstances for a company called Jaji Investments. Mathuthu went into hiding as State security agents sought his arrest and has so far avoided the fate that befell Chin’ono who has been a guest of the state for attempting to hold Mnangagwa accountable. Other “malcontents” include all those who have dared question him and political opponents who have made his life uncomfortable by speaking against his misrule.
Since August 1, 2018, the world came to know that Mnangagwa was no democrat and certainly no reformist but gave him a free pass and hoped it was a one off. January 2019 showed that hope to be misplaced and such has been the brutality of the latest assault on human rights by the regime that the world had to do something. Powerful images of soldiers and police unleashing terror on helpless civilians, political activists, nurses, journalists, trade union leaders being arrested or abducted and tortured showed the world the depravity of the regime and Mnangagwa’s fast descent into a tinpot dictator.
No amount of denying or spin will help Mnangagwa, as the United Nations, African Union and have already made a statement: We are watching you. As responsible media, we are recording all your actions for history to judge.</blockquote>
More: <a href="https://zero.pindula.co.zw/wp-admin/post-new.php">Newsday </a>

OPINION: South Africa Envoys: They Came, They Saw And Nothing Changed - NewsDay Opinionist

Controversial Norton legislator Temba Mliswa has sensationally claimed that Delish Nguwaya, the Drax International country representative, has “captured” Police Commissioner-General Godwin Matanga.
Mliswa claimed that senior police officials who were instrumental in Nguwaya’s arrest and detention are being targeted for reprisals.
Mliswa further claimed that as a result of the victimisation of police officers who worked on the Draxgate Affair, there is now confusion within the ranks as both junior and senior police officers are unhappy with their superiors. <a href="https://twitter.com/TembaMliswa/status/1291626914642382858?s=20" rel="noopener noreferrer" target="_blank">Said Mliswa:</a>
<blockquote>It would appear as if Delish Nguwaya is at it again and has captured the police Commissioner-General [Godwin Matanga].
High ranking officers instrumental to Nguwaya’s detention during the Draxgate affair seem to be the latest target.
A lifestyle audit by the Zimbabwe Anti-corruption Commission (ZACC) on this guy is long overdue! Drax isn’t the only matter.
I’ve always questioned our police system; it’s rather disappointing. We desperately need a CG with capacity who doesn’t arrest to investigate but investigates to incarcerate.
There’s confusion within the ranks and both junior and senior officers appear unhappy with their leadership.</blockquote>
Nguwaya was arrested in June on accusations of fraud. He is the country representative of Drax International, the company accused of misrepresenting to officials to secure contracts worth US$60 million.
Drax Consult SAGL signed contracts worth US$60 million with the Zimbabwe government for the supply of drugs and medical equipment to NatPharm.
The government cancelled the contracts – but not before Drax was paid millions of dollars in bank accounts opened days prior to the payments in Hungary and Mauritius.

Mliswa Says Fraud-accused Nguwaya Has 'Captured' The Police Commissioner-General

Drax SAGL International has proposed that two (2) retired judges, Justices Moses Chinhengo and Ahmed Ebrahim — together with Advocate Firoz Girachmediate mediate in its US$20 million contract with the government of Zimbabwe.
The contract to supply medical equipment was cancelled by the Ministry of Finance and Economic Development after it had emerged that the equipment was overpriced.
<div>In reaction, Drax challenged the cancellation and sued National Pharmaceutical Company (Natpharm) arguing the termination of the contract was unlawful.</div>
<div>
<div>
The company is challenging the cancellation of the contract on grounds that it had performed its obligations in terms of the law. A letter from Drax addressed to R. Mtombeni of Natpharm reads:
<blockquote>
<div>Our client concluded a contract for the supply and delivery of medical supplies with yourselves on 11th December 2019. Our client performed all its obligations in terms of the law…</div>
<div></div>
<div>Our instructions are to indicate that your purported cancellation of the 11th June, signed by one…Sifeku is null and void….</div>
</blockquote>
<div>The contract has already seen the then Health minister Obadiah Moyo and four officials arrested and charged with criminal abuse of office after authorising the supply of the equipment despite objections from Treasury.</div>
<div></div>
<div>More: <a href="https://dailynews.co.zw/drax-proposes-arbitrators-for-contract-dispute/" rel="noopener noreferrer" target="_blank">Daily News</a></div>
</div>
</div>

Drax International Proposes Judges To Mediate In Its US$20M Contract Dispute With Zim Govt

Lawyers representing Drax Consult SAGL (the controversial company which cost Obadiah Moyo’s cabinet post) have this Monday written to the National National Pharmaceutical Company (NatPharm) challenging its cancellation of the contract under which the company supplied drugs to the state-owned dispensary.
In a letter dated 13 July 2020 and addressed to Natpharm, Samukange Hungwe Attorneys said the purported cancellation of the contract for the supply and delivery of medicine and medical sundries by the company on 11 June is null and void. The lawyers wrote:
<blockquote>Re: TERMINATION OF CONTRACT – OUR CLIENT: DRAX CONSULT SAGL
We represent Drax Consult SAGL, kindly note our professional interests.
Our client concluded a contract for the supply and delivery of medicine and medical sundries with yourselves on the 11th of December 2019. Our client performed all its obligations in terms of the law.
Our client learnt with shock that you purported to cancel the contract for the alleged public interest on the 11th of June 2020.
Our instructions are to indicate that your purported cancellation of the 11th of June 2020 signed by one Mrs F.N. Sifeku is null and void for the following reasons;
<ol>
<li>The purported cancellation appears founded on a directive from the Ministry of Health and Child Care which clearly is outside the contractual parameters that govern the parties’ relationship.</li>
<li>The purported termination is allegedly in terms of Section 89(b) of the Public Procurement and Disposal of Public Acts Act (Chapter 22:23). This Act does not exist.</li>
<li>The purported termination is not for any breach at the instance of our client hence the supposed ground of public interest is erroneous and unsupported at law.</li>
<li>Our client did not, in fact, breach the contract between the parties</li>
</ol>
Against the above background and in line with the General Conditions of Contract and the contract between the parties, our client hereby gives notice of its intention to commence arbitration under the London Court of International Arbitration Rules (LCIA).
This route is being pursued on the basis that the purported cancellation is not only unlawful but was capriciously and un-procedurally done.
Unless you desire to resolve the apparent dispute amicably, in line with the General Conditions of Contract, Clause 18.2, the process of arbitration shall be pursued.
<img alt="Image" decoding="async" src="https://pbs.twimg.com/media/Ecz9ObwXYAMoqNS?format=jpg&amp;name=medium"/><img alt="Image" decoding="async" src="https://pbs.twimg.com/media/Ecz9OrLXoAIgz_s?format=jpg&amp;name=medium"/></blockquote>

Drax Challenges Cancellation Of Contract By Natpharm

Controversial businessman Delish Nguwaya who was in custody for the COVID-19 scandal was today freed on ZWL $50 000 bail, ZimMorning Post reports.
Nguwaya was arrested last month on charges of lying to the government that his company was a medical firm in a bid to supply the government with medical supplies.
Nguwaya was also accused of supplying the medical sundries to the government at inflated prices after social media and the press unearthed what they called the COVIDgate in which the government was overcharged in some of the materials they received from Nguwaya’s company.
Nguwaya who was initially denied bail and was in remand for close to a month was today granted bail and in granting his bail the judge, Justice Kwenda reportedly said:
<blockquote>A supplier does not commit fraud by overpricing its goods’ and if there was any form of deception, that was a result of a ‘flawed procurement process.</blockquote>
More: <a href="https://zimmorningpost.com/controversial-nguwaya-freed-on-zwl50000-bail/">ZimMorning  </a>

Drax Zim Representative Delish Nguwaya Out On ZWL $50 000 Bail

The High Court has reserved judgement in the bail application case of Delish Nguwaya who is COVID gate scandal riddled Drax International’s Zimbabwean representative to 1 July 2020, ZBC News reports.
According to the publication, the judge reserved judgement in the case in order to thoroughly consider Nguwaya’s application.
Nguwaya who is facing fraud charges was denied bail by a Harare Magistrate on 16 June 2020 and was remanded till 30 June before he was advised to apply for bail at the High Court.
It is the state’s case that:
<blockquote>Nguwaya misrepresented that Drax was a pharmaceutical company based in Switzerland and yet it was merely a consulting firm with no experience in manufacturing drugs and medical products and showed interest in supplying medicines through a US$20 million loan facility under a company called Papi Pharma.
Nguwaya sent the same documents to the Ministry of Health and Child Care expressing interest in supplying medical products but using a different name, Drax consult SAGL.
Obadiah Moyo, through the then Permanent Secretary in the ministry, Dr. Agnes Mahomva initiated a procurement process which involved communication among all the relevant stakeholders, who include the Health Ministry, Finance Ministry, Procurement Regulatory Authority of Zimbabwe (PRAZ) and Natpharm, culminating into a contract of supply of medicines and medical products between NatPharm and Drax Consult SAGL.</blockquote>
More:<a href="https://www.zbcnews.co.zw/high-court-reserves-judgement-on-nguwayas-bail-application/"> ZBC</a>

High Court Reserves Judgment On Drax International's Zimbabwean Representative Delish Nguwaya

The video of President Emmerson Mnangagwa which appeared on the Zimbabwe Broadcasting Corporation (ZBC) 8 pm news bulletin sometime in April, where he told the nation that the controversial Drax International had donated US$60 million worth of medical equipment for the fight against COVID-19 has ended the public broadcaster’s staff members in trouble.
Drax International is involved in a corruption scandal that has prejudiced the country of millions of dollars. A letter that was written by the director of news and current affairs Gilbert Nyambabvu instructed the ZBC human resources and administration director to suspend cameraman Stan Marodza without pay. The letter reads in part:
<blockquote>Following preliminary investigations, I am of the opinion that cameraman S Marodza committed gross misconduct in violation of section 11:25 of the ZBC employment code of conduct.</blockquote>
Marodza is the one who took the video clip and was accused by the Permanent Secretary in the Ministry of Information, Publicity and Broadcasting Services, Nick Mangwana of sneaking the video onto the main news bulletin.
The video which shows president standing next to Drax International frontman, Delish Nguwaya emerged when the first family had vainly tried to dissociate itself from the company.
Although Nyambabvu alleges that the video had been banned for poor quality, Mangwana claims the clip was banned after it turned out the president had been misled into believing that a donation of US$60 million had been made to the government.
In the video, Mnangagwa says he made a <a href="https://news.pindula.co.zw/2020/06/15/president-mnangagwa-after-a-personal-appeal-to-drax-international-they-donated-us60m/" rel="noopener noreferrer" target="_blank">personal appeal to Drax International to support the fight against COVID-19 adding that the company donated US$60 million.</a>
More: <a href="https://www.newsday.co.zw/2020/06/heads-roll-at-zbc-over-mnangagwa-nguwaya-video/">NewsDay</a>

Mnangagwa, Nguwaya Video Lands ZBC Workers In Trouble

Foreign Affairs Minister SB Moyo has dismissed claims made by former cabinet Minister <a href="https://news.pindula.co.zw/2020/06/21/drax-international-zim-representative-delish-nguwaya-has-a-diplomatic-passport-mzembi/">Walter Mzembi that Drax Zimbabwe representative Delish Nguwaya holds a diplomatic passport</a>. Moyo said his ministry doesn’t have a record of Nguwaya’s diplomatic passport if he does have a diplomatic passport he acquired it fraudulently.
<blockquote class="twitter-tweet">
Minister of foreign affairs responds to <a href="https://twitter.com/waltermzembi?ref_src=twsrc%5Etfw">@waltermzembi</a> statement on diplomatic passport for Delish Nguwaya <a href="https://t.co/eF2MaayiJu">pic.twitter.com/eF2MaayiJu</a>
— TechMag.TV (@TechMagTV) <a href="https://twitter.com/TechMagTV/status/1275108273646194691?ref_src=twsrc%5Etfw">June 22, 2020</a></blockquote>
<script async="" charset="utf-8" src="https://platform.twitter.com/widgets.js"></script>
Nguwaya is in remand after he was implicated in the COVIDgate scandal in which Draz International was selling COVID-19 sundries to the government at inflated prices.

WATCH: Nguwaya Does Not Have A Diplomatic Passport - SB Moyo Responds To Mzembi

Justice Minister Ziyambi Ziyambi has defended why the government didn’t go to tender with a COVID-19 material supply deal that was awarded to Drax International and touched a storm after Drax supplied the sundries at inflated prices, the Daily News reports.
In explaining why the Health Ministry didn’t go to tender on the deal after he was asked by MDC Alliance MPs in Parliament Ziyambi Ziyambi said:
<blockquote>Under normal circumstances, it was supposed to go through the tender process, but because this is an emergency situation, there was no need for a tender. It is an abnormal situation.
You are not an epidemiologist to know the seriousness of the situation. We have a task force made up of experts who give us instructions as well as the World Health Organisation</blockquote>
Meanwhile, <a href="https://news.pindula.co.zw/2020/06/17/fraud-accused-delish-nguwaya-denied-bail/">Drax International representative Delish Nguwaya is in remand till 30 June</a> as he was arrested for the scandal which the media is calling the COVID gate. Health Minister Obadiah Moyo was also arrested and charged with 3 counts of criminal abuse of office for his role in the scandal amid other charges.
More: <a href="https://dailynews.co.zw/govt-justifies-us60m-covid-19-supply-deals/">Daily News </a>

It Was An Emergency - Govt Justifies Why The Drax Supply Deal Never Went To Tender

According to former Cabinet Minister Walter Mzembi, Drax Consult SAGL representative in Zimbabwe Delish Nguwaya holds a diplomatic passport and Mzembi has demanded that President Mnangagwa explains why since he said he failed to secure one for the late legendary musician Oliver Mtukudzi while he was still tourism minister, New Zimbabwe reports.
Writing on Twitter Mzembi directed his questions and demanded answers from the president and said;
<blockquote>Mr. President! Please explain why this thief holds a diplomatic passport. Despite repeated pleas and submissions for Oliver Mtukudzi to then Foreign Affairs Minister Simbarashe Mumbengegwi to consider a diplomatic passport for this Cultural icon my Ministry &amp; ZTA were given a flat NO . Uyu akazokosha kupfuura Tuku nhai ?</blockquote>
Diplomatic passports are not easily issued or obtained as applicants have to meet certain requirements to be granted diplomatic passports. Delish is in custody after he was arrested following the COVID gate scandal in which Drax was supplying materials to the health ministry at inflated prices while Mzembi is in exile since the 2017 November coup.
Source: <a href="https://www.newzimbabwe.com/mzembi-questions-mnangagwa-why-delish-nguwaya-holds-diplomatic-passport/">New Zimbabwe </a>

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