Blessing Chizhande
Danisa Masuku Court Reporter
THE matter involving Bulawayo councilors who are being accused of allegedly extorting a businessman of US$52 000 has been further postponed to next month on 6 October.
They appeared on Thursday morning before Bulawayo Provincial Resident Magistrate, Mr Themba Chimiso.
Deputy Mayor, Cllr Edwin Ndlovu co-appeared with Cllr Ntandoyenkosi Ndlovu and former councilor, Alderman Rodney Jele, while Cllr Mxolisi Mahlangu jointly appeared with Cllr Ashton Mhlanga.
All the accused persons are out of custody on bail.
The councillors were arrested by the Zimbabwe Anti-Corruption Commission (ZACC) in August for allegedly demanding US$52 000 to facilitate the issuance of a lease to a local businessman.
The court heard that ZACC had stated that investigations into the matter would be concluded by 30 September before the matter proceeds to trial.
During their court appearance, their lawyers requested that when they return to court for the next remand, they may be served with the state papers so that they prepare for trial.
The lawyers also requested that the councillors’ phones be returned to them as they were unlawfully seized when they were arrested.
Deputy Mayor, Cllr Edwin Ndlovu was represented by Mr Zibusiso Ncube of Ncube and Partners, while Cllr Jele was represented by Ms Barbara Phiri of Prince Butshe and Associates while Cllr Ntandoyenkosi Ndlovu was represented by Mr Kholwani Ngwenya of TJ Mabhikwa and Partners.
“Your Worship, the court is already seized with a notice of an application to have the accused persons be given their phones back, which were unlawfully seized during their arrest. That notice still stands,” argued Mr Ncube.
“We also hope that when we come back to court on the 6 October we will be served with the papers so that we can prepare for trial.”
Mr Ngwenya also advised the court that when councilors Mahlangu and Mhlanga also come back to court, they will be making two similar applications.
“Your Worship, we would like to advise the court that when we come back on the 6th, we will be making two applications. One will be for the release of cellphones of the accused persons, and the other will be for the serving of State papers to allow us to prepare for trial,” he said.
However, Mr Chimiso explained that the matter of cellphones, in the case of councilors Mahlangu and Mhlanga, had already been agreed upon that the phones would be brought to the clerk of court for safekeeping.
But Ngwenya argued that the agreement that had been made in court had not yet been fulfilled, hence the need for the application to have the phones released.
“Of course the court had ordered that the phones be brought to the clerk of court, but that has not been done Your Worship. This is why we now want to make a request that the phones be returned to their rightful owners instead,” said Mr Ngwenya.
For the matter of Deputy Mayor, Cllr Ntandoyenkosi Ndlovu and former Cllr Jele, the State was represented by Ms Mabusiso Moyo and in the case of Councillors Mahlangu and Mhlanga, Ms Veronica DanaiManyuka prosecuted.
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