There was a dramatic twist in the case of Bulawayo councillors Mxolisi Mahlangu and Ashton Mhlanga, who are facing allegations of extortion after allegedly attempting to swindle a businessman of US$52 000.
The duo is accused of working in cahoots with Deputy Mayor Edwin Ndlovu, Ward 28 councillor Ntandoyenkosi Ndlovu and former councillor Alderman Rodney Jele.
However, the defence has raised serious concerns over the conduct of the Zimbabwe Anti-Corruption Commission (ZACC) and the State, accusing officials of using an inappropriate legal process, altering court documents and potentially compromising evidence.
During proceedings, defence lawyer Nqobani Sithole argued that the law relied upon by the State and ZACC officials was ill-fitting to the circumstances of the case.
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The defence also demanded that documents allegedly altered after being served on the accused be removed from the court record.
Lawyer Sithole told the court that copies of documents in the possession of the accused differed from those held by the detaining officer, describing the alleged alterations as fraudulent and an obstruction of justice.
“The documents that were served to the accused persons have been altered. Court proceedings cannot be manipulated by court officials. We are officers of the court and we are not going to allow that,” Sithole said.
He said the defence intended to lodge a formal complaint and seek the expunging of Annexures A and B from the record.
The lawyers also challenged the State’s decision to seize and search the accused persons’ cellphones, arguing that the process violated their constitutional right to privacy.
They questioned why the State needed to search the devices for alleged communication between the accused and other suspects when such information could potentially be obtained from telecommunications service providers.
“The problem with this procedure is that it violates their right to privacy. The State is perusing their gadgets for reasons that have not been spelt out to the clients,” the lawyers argued.
The defence further raised concerns that evidence recovered from the phones could later be challenged on constitutional grounds, particularly because the reasons for their seizure had allegedly not been clearly explained.
The lawyers also warned of the possibility of evidence being manipulated, saying the circumstances surrounding the seizure and examination of the devices remained unclear.
“If one goes through the court documents, there are positive allegations that are being made, alleging that there was communication between the accused persons Rodney Jele, Ntandoyenkosi Ndlovu and Edwin Ndlovu,” they said.
“What is the State alleging when it says it wants to go through their gadgets to get that information? Why are they not getting that information through a service provider? That is an abuse of the law.”
The concerns deepened after the defence told the court that one of the seized phones, which had allegedly been handed over while switched off, was later found switched on.
“Accused one advised me that when he handed over his phone on Wednesday, it was switched off. But this morning (Thursday) it had been switched on. A phone call was received on it,” the lawyers said.
They said the development raised questions about how the devices were being handled and whether they could be tampered with while in State custody.
“If court officials can lie to the court by tendering altered documents, they are lying to the court and obstructing the course of justice. This should not be let go,” the lawyers said.
“If whole court documents can be altered to suit their case, what more evidence can be manipulated in this manner?”
The defence consequently urged the court to return the cellphones to their owners and remove the disputed documents from the record.
Bulawayo magistrate Themba Chimiso advised the State to engage the defence and find an alternative arrangement for safeguarding the devices.
The State suggested that the phones be handed over to the clerk of court for safekeeping.
The matter was remanded to September 10, 2026, for continuation.
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