Online Reporter
Danisa Masuku [email protected]
LAWYERS representing Bulawayo Deputy Mayor Councillor Edwin Ndlovu and three co-accused councillors, who are facing allegations of attempting to extort US$52 000 from a local businessman to facilitate the retention of a council lease, have approached the Bulawayo High Court seeking bail pending trial.
Edwin Ndlovu is represented by Mr Zibusiso Ncube of Zibusiso Ncube and Partners, while Ntandoyenkosi Ndlovu, Mxolisi Mahlanga and Ashot Mhlanga are represented by Mr Kholwani Ngwenya of TJ Mabhikwa and Partners.
The bail application was heard on Tuesday before Bulawayo High Court Judge Justice Naison Chivhayo.
Chief Public Prosecutor Mr Samuel Pedzisai, assisted by Zimbabwe Anti-Corruption Commission (ZACC) investigator Mr Owen Mutembwa, opposed the application, arguing that the accused persons were likely to abscond trial if released.
Mr Mutembwa told the court that the four councillors were facing a serious charge and posed a flight risk.
“There is a high possibility they will abscond trial as they are facing a serious crime. On the day we carried out the arrest, Cllrs Edwin Ndlovu and Ntandoyenkosi refused to open the door and we ended up engaging a locksmith. We found them hiding under a table while Cllrs Mahlanga and
Mhlanga escaped from the Deputy Mayor’s office and were arrested three days later,” he argued.
Mr Mutembwa further submitted that the State had strong evidence linking the accused persons to the alleged offence.
“There is video footage showing all the accused at a meeting, which they held with the complainant, demanding extortion of US$52 000. There are also voice recordings. They are councillors who have access to Bulawayo City Council documents and personnel, and as such they will interfere with
State witnesses and jeopardise our investigations because we are not yet done with investigations,” said Mr Mutembwa.
In response, Mr Ngwenya argued that Cllr Ntandoyenkosi Ndlovu, Cllr Mahlanga and Cllr Mhlanga were suitable candidates for bail and posed no risk to the administration of justice. “A look at the
Form 242 does not state anything related to bribery, which is an alternative charge they are facing. And if they were arrested for extortion, according to the law, ZACC officers do not have powers to do so,” he said.
Mr Ngwenya added: “The trio are law-abiding citizens and they have no previous criminal convictions. Ntandoyenkosi did not resist arrest. He cooperated with ZACC officers, while
Mahlangu and Mhlanga handed themselves in to the officers. The trio are of fixed abode and they are family men.
“They are also councillors who were entrusted by their constituency to lead them, as such they cannot flee and leave their constituency. Moreover, the State case is hopeless.
“They will not interfere with State witnesses because trap money and WhatsApp chats have already been tendered to the courts,” he argued.
Making submissions on behalf of Deputy Mayor Ndlovu, Mr Ncube said his client had strong roots in the community and no reason to abscond.
“The charges faced by the Deputy Mayor are vague. He is not motivated to flee and occupies an influential post at Bulawayo Council as he is the Deputy Mayor. He is a family man. He runs a thriving business and when he was arrested, he cooperated with ZACC officers.
“He will not interfere with State witnesses as stated by the ZACC official. He has no access or influence to Government offices. He has previously complied with bail conditions and has no inclination of obstructing the course of justice,” said Mr Ncube.
The matter continues today (Wednesday).
Outlining the State’s case, Mr Pedzisai alleged that the four councillors and former councillor Rodney Jele conspired to extort US$52 000 from a local businessman in connection with a 50-year lease granted by the Bulawayo City Council for a proposed hotel development.
“The lease was awarded in March 2023 to Mkhuze Global Investments, a company owned by the complainant, for the development of the hotel. In August this year, the accused persons approached the businessman and told him that other businesspeople were interested in the stand and were prepared to pay US$52 000 to have his lease cancelled,” said Mr Pedzisai.
According to the State, the businessman was allegedly instructed to match the US$52 000 if he wanted to retain the lease rights. The allegations prompted him to report the matter to ZACC, which subsequently mounted an undercover operation.
The operation allegedly culminated in the arrest of former councillor Jele after the complainant handed over US$5 000 as part of the allegedly demanded amount.
Jele was allegedly arrested while counting the money at the complainant’s residence. Prosecutors have previously indicated that they intend to rely on witness statements, communications between the accused persons and the complainant, as well as evidence relating to the money allegedly exchanged during the operation.
Jele, who is represented by Mr Prince Butshe of Butshe and Associates, was denied bail and remains in custody until September 10. Deputy Mayor Ndlovu and his co-accused councillors were also remanded in custody to the same date. The latest case comes less than a year after Deputy
Mayor Ndlovu was acquitted of separate corruption allegations involving an alleged US$26 000 bribe linked to a proposed cement-mixing plant in Bulawayo.
