EMA BOSS BROKE RULES, COURT TOLD
ENVIRONMENTAL Management Agency (EMA) director general, Aaron Chigona, yesterday appeared in court on a criminal abuse of office charge for allegedly granting construction of cluster houses on a wetland in Borrowdale West without following due procedures.
He was granted US$300 bail by Harare magistrate Stanford Mambanje and will be back in court on February 28.
Chigona allegedly instructed his junior officers to review EMA guidelines certifying that the area, measuring 1.5773 and 23.9684 hectares, was compatible with housing development, despite the same spot being declined earlier.
The land was allegedly corruptly offered to Borrowdale Investments (Pvt) Ltd by Harare City Council officials without following due procedures.
Chigona is alleged to have instructed officers from EMA Harare Provincial Office, Armstrong Moyo and Leon Mutungamiri, to review the guidelines and grant EIAs to Borrowdale Investments.
The State said on July 26, 2021, Liangming Jin, representing Borrowdale Investments, submitted an application for an EIA to EMA for the development of cluster houses on stand numbers 40001 and 40072 in Borrowdale West.
It was alleged that sometime in October 2021, the EMA director of environmental protection informed Borrowdale Investments in writing that the proposed project area is situated within a wetland, and had irreversible biophysical and socio-economic implications before rejecting the application.
Borrowdale Investments was further advised to appeal against the decision in terms of Section 129 of the Act.
After noting its appeal, Chigona then instituted site ecological re-assessment on November 30 and December 9, 2021.
He wrote to Borrowdale Investments saying that the EMA still stood by its initial decision and advised the company to appeal to the Minister.
However, contrary to his earlier decision, Chigona is believed to have instructed Moyo and Mutungamiri to review the guidelines and grant the EIAs.
On August 2, last year, Chigona allegedly granted an EIA certificate.
By issuing the EIA certificate, and disregarding the appeal process, the State said Chigona failed to safeguard and to ensure compliance with provisions of the Environmental Management Agency Act Chapter, 20: 27.