Explosive allegations of political motivation and investigator misconduct have emerged in the ongoing US$52 000 extortion case involving Bulawayo deputy mayor Edwin Ndlovu and four fellow councillors.
Two of the accused councillors have claimed in sworn affidavits that Zimbabwe Anti-Corruption Commission (Zacc) officers pressured them to falsely implicate Ndlovu, and only arrested them when they refused to co-operate.
The case, which has gripped Bulawayo’s City Council and political circles, saw Ndlovu and councillors Ntandoyenkosi Ndlovu (Ward 28), Mxolisi Mahlangu (Ward 3), Ashton Mhlanga (Ward 15), and former Ward 22 councillor Rodney Jele all charged with attempted extortion.
They are accused of demanding US$52 000 from businessman Thulani Mthuli to retain a 50-year hotel development lease, allegedly threatening that another investor would pay that sum to have the lease cancelled.
Last Monday, Bulawayo High Court judge Justice Naison Chivhayo granted bail of US$500 each to the deputy mayor and councillors Ntandoyenkosi, Mahlangu, and Mhlanga.
Jele was denied bail by the magistrates' court and is scheduled to reappear on September 10.
However, the focus has now shifted to startling allegations contained in bail application affidavits filed by Jele and Ntandoyenkosi, which paint a damning picture of Zacc’s investigative tactics and suggest a concerted effort to build a case against the deputy mayor at any cost.
In his sworn affidavit supporting Ndlovu’s bail application, Jele alleged that after his arrest on August 22, while counting US$5 000 of trap money at the complainant’s house, investigators showed little interest in his own involvement and instead focused obsessively on extracting a statement linking Ndlovu to the extortion demand.
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"The arresting details appeared to be so obsessed with the desire to incriminate deputy mayor Cllr Edwin Ndlovu," Jele stated in the affidavit.
"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."
Jele also claimed that investigators openly discussed their objective, treating him as a mere tool to reach the deputy mayor.
His lawyer, Prince Butshe-Dube, has also challenged the circumstances of his client's questioning, arguing that Jele’s constitutional rights, including access to legal representation, were compromised. Zacc officers have denied deliberately preventing Jele from seeing his lawyer.
In his affidavit, Ntandoyenkosi said he was present when Zacc officers theatrically entered the premises where he was assisting the deputy mayor with typing his dissertation.
While the deputy mayor was handcuffed and arrested, Ntandoyenkosi was initially left free.
"Later in the evening, around 9pm, they asked me to assist them in their quest to nail Cllr Ndlovu," he stated.
"I refused. Resultantly, they made me an accused person."
He added that his lawyer challenged his remand at the 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 added.
Prosecutors alleged that on August 14, Jele facilitated a meeting at a lodge in Matsheumhlope involving the businessman, Mthuli, the deputy mayor, and Ntandoyenkosi.
At that meeting, the businessman was allegedly told that an unnamed investor was prepared to pay US$52 000 to have his lease cancelled, and that he would have to match that amount to retain the property.
The accused, according to the state, claimed they could leverage their positions on the council’s sub-committee on the allocation of stands and premises to influence a recommendation to cancel the lease.
The complainant then approached Zacc, which set up an undercover trap operation.
Jele was arrested on August 22 while counting US$5 000 in marked bills at the complainant’s house, leading to the subsequent arrest of the other councillors.
The deputy mayor and Ntandoyenkosi had earlier challenged their placement on remand, arguing that the state had failed to establish any direct link between them and the transaction, but they later abandoned that bid before pursuing bail.
Chivhayo granted bail to the four councillors on condition that they surrender their passports, report regularly to the police, and do not interfere with witnesses.
Jele remains in custody after the magistrates’ court ruled that he posed a flight risk and could interfere with the investigation.
His legal team is expected to launch a fresh bail application in the High Court.
