shloboe boe
Trish Mukwazo, trishmukwazo515@gmail.com
AS a practising magistrate in Gwanda, Matabeleland South Province, Talent Phiri was no stranger to the judicial process. He routinely presided over cases, passing judgment on a wide range of offences. However, last year, Phiri found himself on the other side of the law, standing accused of soliciting and accepting a bribe from a Gwanda businessman in order to influence the outcome of a case.
Yesterday, the disgraced judicial officer was sentenced to seven years in prison by Harare Regional Magistrate, Farai Gwitima. Bulawayo magistrates had recused themselves from the case.
This reporter briefly encountered Phiri before sentencing.
“I’m aware that I’ll be in the headlines tomorrow,” Phiri said before adding, “No, don’t worry, just do your job.”
Phiri, aged 35, will serve five years in prison after two years of his sentence were suspended on the condition that he does not commit a similar offence involving dishonesty within the next five years.
Magistrate Gwitima stressed that a lighter sentence would undermine public confidence in the justice system.
“The offender abused his position as a provincial magistrate when he demanded a bribe in order to cancel a warrant of arrest. The degree of moral decadence is high, and the courts will not tolerate corruption. The aggravating factors in this case outweigh the mitigating ones. It is vital to point out the seriousness of this crime,” said the magistrate.
In passing the sentence, Magistrate Gwitima said the courts were guided by previous convictions of prosecutors and high court judges who received penalties for soliciting bribes.
“A public prosecutor was sentenced to five years imprisonment with two years suspended for soliciting a bribe of US$100.”
Phiri’s lawyer, Prince Butshe Dube, pleaded for leniency.
The magistrate considered that a heavy sentence would severely impact Phiri, who had already lost his job, is young, and has a family dependent on him. The court hoped Phiri would reform and reintegrate into society, while also acknowledging the victim’s anxiety and financial loss of US$2 500.
Prosecutor Acumen Khupe explained that Phiri had granted an interim protection order to Qiniso Ncube against her ex-husband, Lungisani “Two minutes” Ncube, on August 27. Phiri then called Ncube on 4 September, falsely claiming high-level officials wanted him jailed, and demanded a US$3 000 bribe to prevent his imprisonment.
“The complainant informed Phiri that he would try to raise the money, but Phiri persistently called to demand it,” said Khupe.
During a phone conversation, Ncube negotiated the bribe amount down to US$2 500. Phiri instructed him to deliver the money to his residence the next morning. Ncube reported the matter to the police, providing audio recordings. A sting operation was set up, and Phiri was arrested at his residence after accepting the trap money, which was recovered from his boxer shorts.
In his closing arguments, Khupe emphasised the seriousness of Phiri’s actions, stating that Phiri abused his position as a judicial officer to exploit court proceedings for personal gain.
“Such conduct erodes public confidence in the justice system and warrants a fitting sentence,” said Mr Khupe.
