Zacc 'pressuring' councillors to implicate Deputy Mayor?

Explosive allegations of political motivation and investigative misconduct have emerged in the US$52 000 attempted extortion case involving Bulawayo deputy mayor Edwin Ndlovu and four councillors.

Two of the accused councillors have alleged in sworn affidavits that officers from the Zimbabwe Anti-Corruption Commission (Zacc) pressured them to falsely implicate Ndlovu and arrested them after they refused to cooperate.

Ndlovu, councillors Ntandoyenkosi Ndlovu of Ward 28, Mxolisi Mahlangu of Ward 3, Ashton Mhlanga of Ward 15, and former Ward 22 councillor Rodney Jele are facing charges of attempted extortion.

The State alleges that the councillors demanded US$52 000 from businessman Thulani Mthuli to retain a 50-year hotel development lease, allegedly threatening that another investor was prepared to pay the same amount to have the lease cancelled.

Last Monday, Bulawayo High Court judge Justice Naison Chivhayo granted US$500 bail to deputy mayor Ndlovu and councillors Ntandoyenkosi, Mahlangu and Mhlanga.

Jele was denied bail by the magistrates' court and is expected back in court on September 10.

The case has now taken a dramatic turn following allegations contained in bail application affidavits filed by Jele and Ntandoyenkosi, who claim Zacc investigators were primarily interested in building a case against the deputy mayor.

In an affidavit supporting Ndlovu's bail application, Jele alleged that after his arrest on August 22 while counting US$5 000 in trap money at Mthuli's house, investigators focused less on his alleged involvement and more on obtaining a statement linking Ndlovu to the alleged extortion.

"The arresting details appeared to be so obsessed with the desire to incriminate deputy mayor Cllr Edwin Ndlovu," Jele stated.

He alleged that investigators initially tried to persuade him to implicate Ndlovu before allegedly resorting to coercion and threats of arrest.

"They initially employed persuasion, moved on to coercion, and degenerated into threats of arrest and, indeed, my arrest. I refused to falsely incriminate, and I have no desire to do so in spite of whatever pressure," he said.

Jele further alleged that investigators openly discussed their objective of linking Ndlovu to the alleged offence and treated him as a means of reaching the deputy mayor.

His lawyer, Prince Butshe-Dube, has also challenged the circumstances surrounding Jele's questioning, arguing that his client's constitutional rights, including access to legal representation, were compromised.

Zacc officers have denied deliberately preventing Jele from accessing his lawyer.

Ntandoyenkosi made similar allegations in his affidavit, claiming that he was present when Zacc officers entered the premises where he was helping Ndlovu type his dissertation.

He said Ndlovu was handcuffed and arrested while he was initially left free.

"Later in the evening, around 9pm, they asked me to assist them in their quest to nail Cllr Ndlovu," Ntandoyenkosi stated.

"I refused. Resultantly, they made me an accused person."

He said his lawyer later challenged his placement on remand at his initial court appearance, but the objection was dismissed.

"I will not falsely incriminate Cllr Ndlovu or anyone else. My conscience is not yet seared," he said.

According to the State, Jele facilitated a meeting on August 14 at a lodge in Matsheumhlope involving Mthuli, Ndlovu and Ntandoyenkosi.

The State alleges that during the meeting, Mthuli was told that an unnamed investor was prepared to pay US$52 000 to have his lease cancelled and that he would have to match the amount to retain the property.

The accused allegedly claimed that, through their positions on the council's sub-committee responsible for the allocation of stands and premises, they could influence a recommendation to cancel the lease.

Mthuli subsequently approached Zacc, which organised an undercover operation.

Jele was arrested on August 22 while allegedly counting US$5 000 in marked trap money at Mthuli's house. His arrest was followed by those of the other councillors.

Ndlovu and Ntandoyenkosi initially challenged their placement on remand, arguing that the State had failed to establish a direct link between them and the alleged transaction. They later abandoned the challenge and pursued bail instead.

Justice Chivhayo granted bail to the four councillors on condition that they surrender their passports, report regularly to the police and refrain from interfering with witnesses.

Jele remains in custody after the magistrates' court ruled that he was a flight risk and could interfere with investigations.

His legal team is expected to file a fresh bail application in the High Court.

The allegations of investigative misconduct have yet to be tested in court, while the State's case against the accused remains before the courts.