Gwanda magistrate bribery case to be decided in January

Harare regional magistrate Mr. Farai Gwitima will deliver his ruling on the bribery case involving Gwanda magistrate Talent Phiri on January 6, after the defence closed its case on Friday. Phiri, 35, is facing charges of soliciting a US$3,000 bribe from miner and Zanu-PF Gwanda North candidate, Lungisani Twominutes Ncube.

The case is being handled by Mr. Gwitima following the recusal of Bulawayo magistrates. In the latest developments, the defence, led by Mr. Prince Butshe Dube of Mathonsi Ncube Law Chambers, called its final witness, Mr. Thembalami Khumalo, a lawyer from Gwanda.

Mr. Khumalo testified that he was contacted by one of Phiri's relatives to assist Phiri following his arrest. He stated that he visited Gwanda Police Station at around 7 a.m., identified himself as a legal practitioner, and requested to see the trap authority, which was initially denied by a male police officer. A female officer later granted his request but denied his attempt to take a photo of the document. He also claimed that the trap authority lacked a stamp, a statement disputed by the prosecution.

The State, represented by Mr. Acumen Khupe, presented a trap authority document stamped with a date of September 5, 2024, and signed by Superintendent K. Mpofu. Mr. Khupe argued that the stamp indicated the authority was issued before the arrest, accusing the witness of fabricating his account.

Additionally, during cross-examination, it was revealed that the money allegedly used as the bribe was not recorded in the Occurrence Book or Exhibit Book, as required by law. Mr. Dube argued that the bribe money was never found on Phiri and suggested it was a fabrication by the arresting officers.

The case centers on allegations that Phiri solicited the bribe from Ncube, who was facing a domestic violence case involving his ex-wife, Mrs. Qiniso Ncube. On August 27, Phiri allegedly granted an interim protection order against Ncube, attaching a warrant of arrest to the order. Subsequently, on September 4, Phiri reportedly contacted Ncube, offering assistance with the domestic violence case in exchange for money.

Phiri allegedly demanded US$3,000, which Ncube negotiated down to US$2,500. The court was told that Ncube, with the assistance of the police, set up a trap, leading to Phiri's arrest after receiving the bribe money, which was reportedly found in his boxer shorts.

The police have kept the money as an exhibit, and the case continues to unfold as magistrate Gwitima prepares to deliver his verdict in the coming weeks.