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Multiple fires were lit at the Pomona Waste Site on Tuesday night in a suspected arson attack, a government official has said.
In a social media post seen by Pindula News, the Permanent Secretary in the Ministry of Information, Publicity ad Broadcasting Services, <a href="https://www.pindula.co.zw/Nick_Mangwana">Nick Mangwana</a> said investigations were already underway. He said:
<blockquote>
Last night, multiple fires were lit at the Pomona Waste Site in what is suspected to be a case of arson. The fire was successfully put out and no one was injured. Investigations are underway.
</blockquote>
Geo Pomona Waste Management private limited also issued a statement saying investigations were underway to establish whether it was a natural fire or a product of the saboteurs of the project. Read the statement seen by Pindula News:
<blockquote>
<h2>PRESS STATEMENT: FIRE INCIDENT AT POMONA DUMPSITE</h2>
Geo Pomona Waste Management (Private) Limited would like to inform ALL stakeholders and residents of Harare that there was a fire incident at the site on the 3rd of October 2022.The origins of the fire are yet to be established and investigations are underway to establish whether it was a natural fire or was a product of saboteurs of the project. Indications, presently, point towards some deliberate scheme by some third hand as the fire erupted in various but distant spots simultaneously. 
The fire erupted around 1200hrs in the afternoon and we made all efforts to contain it. We point out that about thirty percent (30%) of the dumpsite was engulfed. We are pleased to advise that at about and around 10pm in the evening of the 3rd Of October 2022, the flames were fully under control and not as raging as when the fire started. At present, we advise that we have managed to put off the fire. We have also put in place sufficient measures to safeguard the dumpsite from similar incidences going forward. 
Geo Pomona Waste Management (Private) Limited is dedicated to ensuring a pollution free environment and providing sustainable and innovative solutions in waste management. Environmentally friendly waste management is at the heart of our organisation and defines the project we are currently carrying out. We assure all stakeholders of our commitment to achieving World Class Waste Management of the Pomona Dumpsite.
</blockquote>
This is happening amid a dispute between Harare City Council and the Ministry of Local Government over the deal with the central government pushing the council to accept the US$344 million <a href="https://www.pindula.co.zw/Pomona_Dump_deal">Pomona Waste to Energy Project</a>.
The local government authority, led by Mayor Jacob Mafume, a member of the opposition Citizens Coalition for Change (CCC) is refusing to accept the project saying it is not sustainable.
The Pomona Waste to Energy Project was approved in May this year, with a German investor, Geogenix BV (fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dylish Nguwaya</a>) investing 304 million Euros, with up to 22MW of electricity expected to be generated by the project.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Pindula News

Fire At Pomona Waste Site In A Suspected Arson Attack

The central government has directed Harare City Council (HCC) to reverse its <a href="https://zero.pindula.co.zw/harare-city-council-suspends-us344-million-pomona-deal/">decision to terminate</a> the US$344 million <a href="https://www.pindula.co.zw/Pomona_Dump_deal">Pomona Waste to Energy Project</a>.
HCC rejected the deal which it said was:
<blockquote>
1). Superimposed by the Central Government through the Ministry of Local Government and Public Works.
2). Has a negative impact on the council and ratepayers in particular.
</blockquote>
According to the Harare-Geogenix BV agreement, Harare should pay US$40 per tonne of garbage for the estimated 550 tonnes per day delivery or a damage fee of US$3.5 million.
Harare does not have the capacity to deliver 550 tonnes of garbage per day and is expected to fail.
Documents seen by <a href="https://www.zbcnews.co.zw/govt-urges-harare-city-council-to-rescind-decision-on-pomona/">ZBC News</a> indicate that a council meeting held on August 3 resolved to among other things exercise the termination clause in its contract with Geo Pomona Waste Management (Pvt) Limited and mandated the Acting Chamber Secretary to proceed with the necessary action.
However, in a letter dated 27 August 2022, the Ministry of Local Government and Public Works directed the council in terms of Section 314 of the Urban Councils Act (Chapter 29:15) to revisit its position, considering that the project was granted the national project status.
Local Government and Public Works Minister, <a href="https://www.pindula.co.zw/July_Moyo">July Moyo</a> stated that the council’s decision is not in the interests of Harare residents, and as such, the government was not going to accept such an action.
The Minister says the local government authority’s decision will erode investor confidence.
The Pomona Waste to Energy Project was approved in May this year, with a German investor, Geogenix BV (fronted by <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dylish Nguwaya</a>) investing 304 million Euros, with up to 22MW of electricity expected to be generated by the project.
<h2><a href="https://zero.pindula.co.zw/">Pindula News</a></h2>

Govt Directs Harare To Reverse Its Decision To Terminate The Pomona Waste Project Deal

Harare City Council has been served with a default notice after failing to pay Geo Pomona Waste the May 2022 Service fee. According to a deal between Geo Pomona and the local government authority, Harare is supposed to pay a monthly fee of US$22 000 a day for waste deliveries to the Netherlands-based company, a figure considered exorbitant by government critics. In a notice seen by Pindula News, <a href="https://www.pindula.co.zw/Dilesh_Nguwaya">Dilesh Nguwaya</a> who is Geo Pomona’s Zimbabwe representative says attempts by Harare to cancel the agreement had no basis. 
<blockquote>
<h2>NOTICE OF DEFAULT</h2>
In accordance with article 30.1 of the JOINT VENTURE CONCESSION AGREEMENT TO DESIGN, BUILD, OPERATE AND TRANSFER OF THE HARARE POMONA WARE MANAGEMENT FACILITY AND WASTE TO ENERGY PLANT, entered into between the City of Harare and GeoGenix B.V. on 9 March 2022 (the “Concession Agreement”), we hereby invoke our right to notify you that as of 1 July 2022, the City of Harare is in default of its obligation to pay the fees to Geo Pomona Waste Management (PVT) Limited (the “Company”) within the prescribed term.
On 2 June 2022 the City of Harare received an invoice dated 1 June 2022, issued by the Company for waste management services performed over the month of May 2022 (the “May 2022 Service Fee”). Pursuant to article 22.2.4 of the Concession Agreement, the City of Harare had 30 days to pay the May 2022 Service Fee. Having failed to do so, and in accordance with article 22.4 of the Concession Agreement, the City of Harare is liable for late payment interest. Consequently, the Company is charging the prescribed interest rate of 12% as provided for by, the Central Bank of Zimbabwe over the outstanding May 2022 Service Fee from 1 July 2022 per annum, applied pro rata for each day this invoice remains unsettled.
Article 29.2 (b) of the Concession Agreement provides that a “failure to pay invoices for a period of more than (30) thirty days form the moment that they become due and payable”, warrants a Contracting Authority Event of Default. In addition thereto, we note that the City of Harare’s official actions thus far leads us to reasonably believe it does not intend to meet its contractual obligation to pay the May 2022 Service Fee in the short term either. This in itself warrants an additional Contracting Authority Event of Default, pursuant to article 29.2 (a) of the Concession Agreement.
We remind you that when the Contracting Authority Event of Default is in effect, the Concession Agreement accords us the following remedial rights to be taken within 90 days of this Notice:
a. Extend the construction period and thus delay the project handover delivery date (article 21. 1); 
b. Cease all services to the City of Harare (article 21.1); and/or 
c. Terminate the Concession Agreement resulting in Early Termination Compensation Amounts immediately due and payable by the City of Harare (article 32.2 jo. article 33.1 (I)).
As a final point, we once again reiterate that your letter dated 10 June 2022, in which you attempt to notify us of a suspension of the Concession Agreement has no basis, as the legal relationship between us and the City of Harare is regulated by the terms of the Concession Agreement. Consequently, it strictly provides for certain procedures to be followed, of which a ‘suspension of the Concession Agreement’ is not a remedy provided for.
We trust that you will remediate this Event of Default by settling the May 2022 Service Fee as soon as possible. Yours faithfully, Mr. Dilesh. Nguwaya Executive Chairman of GEO POMONA WASTE MANAGEMENT (PVT) LIMITED Country Representative of GeoGenix B.V.
CC GeoGenix B.V. Ministry of Finance and Economic Development, Hon Prof.M. Ncube Ministry of Local Government and Public works, Hon. J.Moyo Chief Secretary to the President and the Cabinet, Dr. M.J.M Sibanda Deputy Chief Secretary to the President and Cabinet, Eng. A. Marawa Minister of State for Provincial Affairs, Harare Metropolitan Province, Hon. O. Chidawo Secretary for Provincial Affairs and Devolution, Harare Metropolitan Province, Mr. T. Muguti
</blockquote>
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Harare Served With Default Notice After Failing To Pay Geo Pomona Waste May 2022 Service Fee

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