The prosecutor, Brian Muchengeti Chitsungo (40), who is
attached to Bulawayo Magistrates Court last week appeared before Mr Musaiwona
Shotgame facing charges of bribery as defined in section 170 (1) (a) (i) of the
Criminal Law (Codification and Reform) Act, Chapter 9:23. He was remanded out
of custody to 9 August.
The State case as presented by Mr Kelvin Guveya was that on
8 February, Michael Mlambo appeared in Court before magistrate Mrs Gamuchirai
Gore where he was being tried for a case of assaulting or resisting a peace
officer as defined in section 176 of the Criminal (Codification and Reform) Act
Chapter 9:23 where Chitsungo was the prosecutor of the case.
Mlambo was convicted and remanded in custody to 9 February
for sentencing and after the court proceedings, the court was told that
Chitsungo allegedly approached Mlambo’s wife, Eunice who was crying and
indicated to her that he could assist her husband to be spared a custodial
sentence on condition that they give him US$1 000.
On 9 February around 7 am Chitsungo allegedly phoned Eunice
and the two met at Matobo Book Centre along Herbert Chitepo Street between
Leopold Takawira and 8th Avenue. The State told the court that Chitsungo was
then handed 3 000 rand, 400 pula and US$400 by Eunice before court proceedings,
but Chitsungo was not satisfied. He allegedly demanded a top up of US$150
resulting in Eunice rushing back to her shop where she brought US$150 and
allegedly handed it to him at the entrance of Bulawayo Magistrate Court.
It was the State case that on the same day Mlambo appeared
before the same court and was sentenced to perform 280 hours community service.
After his release from Bulawayo Prison, he established from his wife that
Chitsungo was paid a bribe which was meant to spare him from being given a
custodial sentence. He was not amused with the development and immediately
confronted Chitsungo demanding that he gives him back the money.
On 10 February, fearing that Mlambo would proceed to make a
police report against him, Chitsungo allegedly went to Mlambo’s place of
residence and refunded him 3000 rand, 400 pula and US$400 leaving a balance of
US$150 which he promised to pay within a short period of time.
On 15 February Mlambo appeared in court again for a
different case that Chitsungo was prosecuting. It was during the court
proceedings that Mlambo complained to the presiding magistrate Mrs Gore about
the conduct of Chitsungo. On the same day at around 11 am, Chitsungo allegedly
engaged Sergeant Samuel Mawungwa of ZRP Bulawayo who was the investigating
officer for the assault case and gave him the remaining US$150 and instructed
him to hand over the money to Mlambo, which he did. He was however, arrested
for allegedly demanding and accepting a bribe. Sunday News
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