Environmental Management Agency (EMA) Director General Aaron Chigona who was recently arrested on criminal abuse of office charges has appeared in court.
Chigona appeared before Harare Magistrate Mr Stanford
Mambanje who granted him US$300 bail.
The complainant is the State represented by the permanent
secretary in the Ministry of Environment, Climate and Wildlife.
EMA is a body corporate whose functions involve sustainable
environmental protection and regulating, monitoring, reviewing and approving
environmental assessments.
Chigona is being represented by Messrs Admire Rubaya and by
virtue of his office as a public officer, his duties include the issuance of
Environmental Impact Assessment Certificates (EIA) and ensuring compliance with
the provisions of the Environmental Management Agency Act Chapter, 20: 27 (the
Act].
The court heard that on July 26, 2021, Liangming Jin
[Project Proponent] representing Borrowdale Investments [Pvt] Ltd submitted an
application for an EIA to EMA for the development of cluster houses land on
stand number 40001 measuring 1,5773 hectares and stand number 40072 measuring
23,9684 hectares, Borrowdale West, Harare, the land which was allegedly
corruptly offered to the proponent by City of Harare officials without
following due procedures.
The council employees behind this scam were arrested over
the issue and are on remand awaiting trial.
It is the State’s case that the area is surrounded by
adjacent property owners and stakeholders such as the Dandaro Home Owners
Association, Augur Investments, WestProp Zimbabwe and Borrowdale residents.
The court heard that from September 2021 to October 2021,
EMA conducted an assessment and review of the prospectus of both the stands in
question in accordance with the Act.
lt is alleged that on October 4, 2021, and 20 October 2021,
respectively, the Director of Environmental Protection informed the proponent
in writing that the proposed project area is situated within a wetland and the
impacts associated with the construction of the proposed infrastructures had
irreversible biophysical and socio-economic implications and that the proponent
had no legal title to the land thus, the application was rejected.
The proponent was further advised to make an appeal to the
accused in terms of Section 129 of the Act if he was aggrieved by the decision.
On November 3 2021,
the proponent appealed to the accused in terms of section 129 of the Act and
the accused instituted site ecological re-assessment on the 30th of November
2021, and on the 9th of December 2021, and wrote to the proponent advising him
that the Agency still stood by its initial decision that the proposed project
was not compatible with the proposed site which is a wetland.
The proponent was further advised of his right to appeal to
the Minister in terms of Section 130 of the Act.
On July 26, last
year, the accused instructed Officers from EMA Harare Provincial Office,
Armstrong Moyo and Leon Mutungamiri to come up with EIA review guidelines
certifying that the area was compatible with housing development yet the area
is the core of a wetland and the accused had earlier declined to grant EIAs.
The state alleges that this was also contrary to the
accused’s earlier position that the proponent should appeal to the Minister in
terms of Section 130.
On August 2, last year, the accused inexplicably approved
the proponent’s request for an EIA yet the agency had rejected it and the
proponent had exhausted the agency’s appeal process.
The EIA was in respect of the same project that he had
declined to issue an EIA which he had steadfastly indicated was detrimental to
the wetland.
By Issuing the EIA certificate and disregarding the appeal
process, the accused who had a duty to ensure compliance with the provisions of
the Environmental Management Agency Act Chapter, 20: 27 [the Act] acted
contrary and inconsistent with the dictates of sections 129 and 130 of the Act
which provides for an appeal process.
Further, it was inconsistent with his inherent duty of
safeguarding the environment.
The state alleges that the accused knowingly acted contrary
and inconsistent with his duties for the purpose of showing favour to
Borrowdale Investments (Pvt) Ltd. Herald
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