Online Reporter
Peter Matika, [email protected]
BULAWAYO Deputy Mayor, Councillor Edwin Ndlovu and Ward 28 Councillor Ntandoyenkosi Ndlovu, yesterday abandoned their bid for bail in the alleged high-profile US$52 000 extortion case, leaving former Ward 22 councillor Alderman Rodney Jele to fight for his freedom before the courts.
The reason for the abandonment was not mentioned in court.
The trio appeared before Bulawayo magistrate Mr Isheunesu Matova yesterday, facing allegations of attempted extortion of US$52 000 from a local businessman in connection with a 50-year lease for a proposed hotel development.
Through their lawyers, Councillors Ndlovu and Ntandoyenkosi advised the court that they would no longer pursue bail at this stage.
Mr Kholwani Ngwenya, who was appearing for his colleague Mr Nqobani Sithole’s clients, told the court that the accused had given instructions not to proceed with their bail application.
“Your Worship, I am under the instructions that our clients will no longer be seeking bail in this matter,” he said.
The decision effectively left Jele as the only accused person seeking bail, with his lawyer, Mr Prince Butshe-Dube, mounting a spirited challenge to the State’s opposition to his client’s release.
Mr Butshe-Dube attacked the admissibility and reliability of the statements and affidavit relied upon by the State, arguing that they had allegedly been obtained in circumstances that compromised his client’s constitutional rights.
He argued that Jele had not been afforded timely access to legal representation before statements were recorded, raising questions over whether he would have made the same statements had his lawyer been present.
The defence also challenged the authenticity and circumstances surrounding the documents being relied upon by the State.
However, a Zimbabwe Anti-Corruption Commission (ZACC) officer who testified in opposition to bail rejected the allegations that Jele had been denied access to a lawyer.
The officer told the court that Jele had attempted to contact his lawyer several times without success, but maintained that investigators did not deliberately prevent him from obtaining legal representation.
The ZACC officer further argued that Jele’s previous position of responsibility within the city made the allegations particularly serious.
The officer said, by virtue of having previously occupied a senior public office, Jele was expected to uphold the welfare and interests of the city and should, therefore, have acted in a manner befitting a public official.
Mr Butshe-Dube, however, disputed this account, arguing that his client was only permitted to look for legal representation after investigators had already recorded the statements they wanted from him.
He maintained that the circumstances under which the statements were obtained should be carefully scrutinised by the court when considering the State’s opposition to bail.
After hearing arguments from both sides, Mr Matova remanded the matter to tomorrow for a ruling on Jele’s bail application.
The case has attracted considerable attention as it involves senior and former Bulawayo City Council officials and centres on allegations concerning a valuable municipal development lease.
According to ZACC, the accused allegedly demanded US$52 000 from a local businessman in exchange for allowing him to retain a 50-year lease agreement entered into in March 2023 for a hotel development.
The businessman was allegedly told that another investor was prepared to pay US$52 000 to have the lease cancelled and was allegedly advised to match the amount if he wanted to retain it. The complainant subsequently approached ZACC, which mounted a trap operation that culminated in the arrests.
The latest case has also placed the spotlight on the governance of municipal assets and development projects in Bulawayo, particularly the manner in which long-term leases and investment proposals are handled.
The proposed hotel development lease reportedly made little progress, with the slow pace of development becoming a factor in the dispute surrounding the agreement.
For the Deputy Mayor, Cllr Ndlovu, the latest allegations come barely a year after he was acquitted in another high-profile corruption case.
In August last year, the Deputy Mayor was acquitted of allegations that he had demanded a US$20 000 bribe from a company seeking land for a cement-mixing plant in Bulawayo.
Bulawayo magistrate Mr Richard Ramaboea ruled that the State had failed to produce sufficient evidence linking Councillor Ndlovu to the alleged offence, with the court finding key evidence unreliable and contradictory.
He had been jointly charged with then Ward 26 Councillor Mpumelelo Moyo, who was subsequently convicted of bribery.
The current matter, however, is separate from the previous case and the allegations against Councillors Edwin Ndlovu, Ntandoyenkosi Ndlovu and Jele remain untested.
The proceedings continue today when Mr Matova is expected to deliver his ruling on Jele’s bail application.
