Danisa Masuku
LAWYERS representing Bulawayo Deputy Mayor Councillor Edwin Ndlovu and his four co-accused have failed in their bid to have the State barred from further remanding them in a bribery case involving an alleged US$52 000 demand to facilitate the issuance of a lease.
The five — Councillors Mxolisi Mahlangu, Ashton Mhlanga, Ntandoyenkosi Ndlovu, Alderman Rodney Jele and Deputy Mayor Councillor Edwin Ndlovu — appeared before Bulawayo Provincial Head Magistrate Mr Sam Chitumwa on Tuesday facing bribery charges.
Councillors Mahlangu, Mhlanga and Ndlovu are represented by Mr Kholwani Ngwenya of T.J. Mabhikwa and Partners, while Alderman Jele is represented by Mr Prince Butshe of Butshe and Associates. Deputy
Mayor Ndlovu is represented by Mr Zibusiso Ncube of Ncube and Partners Legal Practitioners.
Mr Ngwenya argued that the State had previously sought more time to allow Zimbabwe Anti-Corruption Commission (ZACC) officers to complete investigations and compile a forensic report.
“The State needs more time to do investigations, as such we are applying for refusal of further remand to give them more time to do investigations. The case will proceed by way of summons when the State is ready,” argued Mr Ngwenya.
Mr Butshe and Mr Ncube separately opposed the State’s application for further remand.
“We are opposed to the application for further remand. This matter was remanded to the trial court, as such we were hoping that we were going to be served with State papers and allocated a trial date.A further remand is a punishment to the accused persons,” they argued.
However, the State, represented by Prosecutor Mr Anorld Mudekunye, opposed the application, saying investigators still needed time to examine phones seized from the accused.
“Zacc officers seized five cellphones from the accused persons for forensic examination and that is why we need more time. This is a serious case and due diligence should be done. We are opposed for refusal of further remand and apply that the matter be remanded to 06 November.”
Mr Mudekunye told the court that the councillors were arrested by ZACC in August for allegedly demanding US$52 000 from a local businessman to facilitate the issuance of a lease.
The court subsequently refused the defence application for refusal of further remand and remanded the matter to November 6.
