The case was heard by Harare regional magistrate Farai Gwitima at the Tredgold Magistrates Court in Bulawayo.
Phiri, 35, from Mount Cazalet suburb, denied the charge of criminal abuse of duty as a public officer.
Despite his denial, he was convicted and sentenced to seven years in prison, with two years suspended under the condition that he does not commit a similar offense within the next five years. Additionally, he was ordered to repay the bribe he had received.
Magistrate Gwitima presided over the case after all magistrates in Bulawayo recused themselves.
In his ruling, Gwitima emphasized the critical need to address the widespread corruption in the country. He stressed the role of the courts in upholding justice and combating such misconduct, saying: “Judges must maintain the integrity of their positions and avoid soliciting bribes or gifts. The aggravating circumstances in this case far outweigh any mitigating factors.”
Gwitima noted that the evidence provided by witnesses was substantial, and Phiri had been apprehended while accepting the bribe, leading to his conviction.
Phiri’s lawyer, Prince Butshe Dube from Mathonsi Ncube Law Chambers, argued for a more lenient sentence, pointing out that Phiri was a first-time offender who had already lost his job and was the sole provider for his family.
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Prosecutor Acumen Khupe outlined the events that led to the charge. The offense occurred after Phiri issued an interim protection order on August 27, 2024, for Qiniso Ncube against her ex-husband, Lungisani “Two Minutes” Ncube, and attached a warrant of arrest for him. On September 4, Phiri contacted Ncube, falsely claiming to offer assistance in her domestic violence case, and demanded a bribe of US$3,000 to prevent Ncube from being imprisoned.
Ncube informed Phiri she would try to gather the money, but Phiri continued to insist on the payment. The amount was eventually reduced to US$2,500, and Phiri instructed Ncube to bring the money to his home the next day.
Ncube reported the incident to the authorities, providing audio recordings of her conversations with Phiri. A sting operation was set up, and the following morning, Ncube, accompanied by the police, met with Phiri. Phiri was arrested after accepting the money, which was found in his pocket.
In his final statements, Khupe emphasized the seriousness of Phiri’s actions, noting that he had misused his judicial position for personal benefit, undermining public trust in the justice system, and argued for an appropriate sentence.
