EMA boss Aaron Chigona appears in court, granted U...

EMA boss Aaron Chigona appears in court, granted US$300 bail

**Environmental Management Agency Director-General, Aaron Chigona**

Michael Mashiri

The Director-General of the Environmental Management Agency, Aaron Chigona, has appeared in court following his arrest by the Zimbabwe Anip-Corruption Commission on allegatons of abuse of office.

Chigona, 55, of Philadelphia, Harare, appeared before magistrate Stanford Mambanje charged with criminal abuse of duty as a public officer.

He was ordered to deposit US$300 as bail and will appear in court on February 28, for his routine remand.

The State, through prosecutor Anesu Chirenje, alleges 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 procedure.

The council employees behind this scam were arrested over the issue and are on remand awaiting trial.

https://zimbabwenow.co.zw/articles/7837/ema-dg-chigona-arrested-for-criminal-abuse-of-office

The area is surrounded by adjacent property owners and stakeholders such as Dandaro Home Owners Association, Augur Investments, WestProp Zimbabwe and Borrowdale residents.

The State alleges that from September 2021 to October 2021, EMA conducted an assessment and review of the prospectus of both stands in accordance with the Act.

On October 4, 2021 and October 20, 2021 respectively, the director Environmental Protection informed the proponent in writing that the proposed project area was located in a wetland and the impacts associated with construction of the structures had irreversible bio-physical and socio-economic effects and that the proponent had no legal title to the land thus, the application was rejected.

It is alleged that the proponent was advised to make an appeal to Chigona in terms of Section 129 of the Act if he was aggrieved by the decision.

It is alleged that on November 3, 2021, the proponent appealed against Chigona.

Chigona allegedly began site ecological re-assessment on November 30, 2021 and on December 9, 2021, and wrote to the proponent telling him that the agency 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.

It is alleged that on July 26, 2023, Chigona 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 for housing development yet the area is the core of a wetland and Chigona had earlier declined to grant EIAs.

This was also contrary to his earlier position that the proponent should appeal to the minister.

It is alleged that on August 2, 2023, Chigona 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 State alleges that by giving the EIA certificate and disregarding the appeal process, Chigona who had a duty to ensure compliance with the provisions of the Environmental Management Agency Act he acted contrary to the dictates of sections which provides for an appeal process and it was inconsistent with his duty of safeguarding the environment.

It is alleged that Chigona’s acts were contrary with his duties for the purpose of showing favour to Borrowdale Investments Pvt Ltd.