The bribery case involving Talent Phiri, a Gwanda magistrate, has attracted considerable attention as the judiciary navigates accusations of corruption within its ranks. Harare regional magistrate Mr. Farai Gwitima is set to deliver a ruling on January 6, following the conclusion of the defense’s case.
Phiri, aged 35, faces serious allegations of soliciting a bribe amounting to US$3,000 from miner and Zanu-PF Gwanda North parliamentary candidate, Lungisani Twominutes Ncube. The case gained added complexity due to the recusal of magistrates from Bulawayo, leading to the appointment of Mr. Gwitima to oversee the proceedings.
During the proceedings, the defense attorney, Mr. Prince Butshe Dube of Mathonsi Ncube Law Chambers, called their final witness, Mr. Thembalami Khumalo, a lawyer from Gwanda, to testify. Mr. Khumalo recounted his involvement after Phiri’s arrest, describing how he attempted to obtain clear information regarding the alleged trap authority.
He claimed to have faced initial resistance from police officers but was later allowed to review the authority documents, albeit without the ability to photograph them. However, Khumalo’s assertion that the trap authority was not properly stamped is contested by the prosecution, which produced a stamped document dated September 5, 2024, allegedly verifying that the trap was legitimate and carried out prior to the arrest.
The prosecution, represented by Mr. Acumen Khupe, continues to argue that Phiri’s actions are indicative of a corrupt judicial practice that undermines the legal system. Their case hinges on the assertion that the documents produced during the arrest were duly authorized and legally binding.
A focal point of the trial has been the handling of the US$3,000 bribe, which the defense contends was a fabrication by the arresting officers. It was revealed during cross-examination that the money purportedly used for the bribe was not recorded in the Occurrence Book or Exhibit Book, crucial records for maintaining accountability within police operations.
As the case continues to unfold, it brings to light broader questions about judicial conduct and accountability within the legal system of Zimbabwe. The allegations center around Phiri ostensibly using his position to coerce Ncube, who was involved in a domestic violence case, into paying a bribe for favorable assistance.
Following the issuance of an interim protection order tied to Ncube’s case, it is claimed that Phiri approached Ncube with an offer to provide help in exchange for money, leading to the setup of a police trap and Phiri’s subsequent arrest after receiving the bribe.
