Bulawayo Deputy Mayor Edwin Ndlovu and councillors Ntandoyenkosi Ndlovu, Mxolisi Mahlangu and Ashton Mhlanga have been granted $500 bail each by the Bulawayo High Court in a case in which they are accused of attempting to extort a businessman of US$52 000.
Bulawayo High Court Judge Justice Naison Chivhayo ordered each of the four to surrender their travel documents, report to police three times a week on Mondays, Wednesdays and Fridays, and not interfere with State witnesses during the trial.
The four are jointly accused with former councillor Alderman Rodney Jele, whose bail application was dismissed last week.
The councillors were arrested by the Zimbabwe Anti-Corruption Commission (ZACC) following allegations that they demanded US$52 000 from a businessman to retain a lease for a hotel development.
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According to the State, the lease was awarded in March 2023 to Mkhuze Global Investments, a company owned by the complainant, for the development of a hotel.
Prosecutors allege that in August this year, the accused 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.
The businessman was allegedly told to pay the same amount if he wanted to retain the lease.
The allegations prompted the businessman to approach ZACC, which subsequently mounted an undercover operation.
The operation allegedly resulted in Jele’s arrest after the businessman handed over US$5 000 as part of the alleged demanded amount. Jele was arrested while allegedly counting the money at the complainant’s house.
However, the State’s opposition to bail for the four councillors was challenged by their lawyers, who argued that there was no evidence that the accused were likely to abscond or interfere with State witnesses.
Representing Ntandoyenkosi Ndlovu, Mahlangu and Mhlanga, lawyer Kholwani Ngwenya, argued that the State had failed to place before the court evidence demonstrating that his clients were flight risks or were likely to interfere with witnesses.
“There has not been any evidence advanced showing that the accused persons may interfere with State witnesses or may be flight risks. I pray that the court grants them bail,” Ngwenya said.
Zibusiso Ncube, representing the deputy mayor, said there were no compelling reasons to justify the State’s fears.
“There are no compelling reasons showing that the accused person may be a flight risk or may interfere with witnesses. There is no justification to the fears raised by the State,” he said.
Chief Public Prosecutor Samuel Pedzisai, however, argued that the State had a strong case against the councillors.
“The State has a strong case against the accused persons. There is sufficient evidence showing the involvement of the accused persons in the case against them,” Pedzisai said.
A ZACC officer opposed the bail applications, arguing that the accused, as public office holders, were expected to uphold public trust.
“The applicants are holders of public offices who are expected to uphold public trust. Their act of extortion was questioned by the public and if released on bail, the public will lose confidence in the justice system,” the officer said.
The officer further argued that the case represented a special circumstance warranting the denial of bail, claiming that the accused could allegedly commit similar offences if released.
Justice Chivhayo, however, granted bail after considering the evidence and submissions placed before the court.
“The submissions before this court are that a trap was arranged resulting in the arrest of Jele, who is not before the court. The other four were arrested under different circumstances,” Justice Chivhayo said.
He noted that Mahlangu and Mhlanga had handed themselves over to ZACC officials.
“The State is opposing on two grounds of flight risks and interference with evidence. The ZACC officer gave evidence and was cross-examined. The decision of the court is determined by the documents before it and the evidence given,” he said.
The matter will proceed on September 10 at the magistrate’s court.
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