Online Reporter
Danisa Masuku [email protected]
BULAWAYO Deputy Mayor Edwin Ndlovu and three councillors accused of soliciting a US$52 000 bribe from a businessman have each been granted US$500 bail by the High Court.
Ndlovu, together with councillors Ntandoyenkosi Ndlovu, Mxolisi Mahlangu and Ashton Mhlanga, is accused of demanding the money from a company that had been awarded a development lease to construct a hotel in the city.
The quartet allegedly threatened to have the company’s lease cancelled unless the businessman paid US$52 000.
Bulawayo High Court judge Justice Naison Chivhayo granted the four bail pending trial yesterday, subject to stringent conditions.
They were ordered to surrender their passports, reside at their stated addresses and report to designated police stations in Bulawayo three times a week until the matter is finalised.
Edwin Ndlovu is represented by Mr Zibusiso Ncube of Zibusiso Ncube and Partners, while Ntandoyenkosi Ndlovu, Mahlangu and Mhlanga are represented by Mr Kholwani Ngwenya of TJ Mabhikwa and Partners.
The State, represented by Chief Public Prosecutor Mr Samuel Pedzisai and Zimbabwe Anti-Corruption Commission (Zacc) investigating officer Mr Owen Mutembwa, opposed the bail applications, arguing that the four were flight risks and could interfere with investigations and State witnesses.
Mr Mutembwa told the court that some of the accused had allegedly attempted to evade arrest.
“There is a high possibility they will abscond from trial as they are facing a serious crime. On the day we carried out the arrest, Clrs Edwin Ndlovu and Ntandoyenkosi refused to open the door and we ended up engaging a locksmith and found them hiding under a table,” argued Mr Mutembwa.
He further alleged that Mahlangu and Mhlanga fled from the Deputy Mayor’s office before being arrested three days later.
Mr Mutembwa said the State had video and audio evidence allegedly linking the accused to the alleged demand for money.
“There is video footage showing all the accused at a meeting which they held with the complainant, demanding US$52 000. There are also voice recordings,” he said.
Mr Mutembwa argued that because the accused were councillors with access to Bulawayo City Council documents and personnel, they could potentially interfere with State witnesses and ongoing investigations.
However, the defence lawyers argued that their clients were suitable candidates for bail and had no reason to abscond.
Mr Ngwenya said his clients were law-abiding citizens with fixed addresses and no previous criminal convictions.
“Ntandoyenkosi did not resist arrest. He cooperated with Zacc officers, while Mahlangu and Mhlanga handed themselves over to the officers. The trio is of fixed abode and they are family men,” he submitted.
Mr Ngwenya argued that, as elected councillors entrusted by their constituencies with leadership responsibilities, his clients had no incentive to flee.
The lawyer also dismissed fears that they could interfere with witnesses, saying key evidence, including the alleged trap money and WhatsApp communications, had already been secured.
Mr Ncube, representing the deputy mayor, similarly argued that his client was not a flight risk.
“He is not motivated to flee and occupies an influential post at Bulawayo City Council as he is the deputy mayor. He is a family man who runs a thriving business and when he was arrested, he cooperated with Zacc officers,” said Mr Ncube.
He said his client had previously complied with bail conditions and had no inclination to obstruct the course of justice.
The allegations stem from a 50-year lease granted by Bulawayo City Council to Mkhuze Global Investments in March 2023 for the development of a hotel.
The State alleges that the four councillors, acting in concert with former councillor Rodney Jele, later demanded US$52 000 from the businessman in connection with the lease.
Mr Pedzisai said the accused allegedly approached the businessman in August this year and informed him that other businesspeople were interested in the stand and were prepared to pay US$52 000 to have his lease cancelled.
“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.
The businessman was allegedly told to match the US$52 000 payment if he wanted to retain the lease.
He subsequently approached Zacc, which launched an undercover operation. The operation culminated in Jele’s arrest after the complainant allegedly handed over US$52 000 as part of the demanded money.
Jele was arrested while allegedly counting the money at the complainant’s house. His application for bail was dismissed and he remains in custody.
The five accused persons are expected back in court on September 10.
