HARARE – A bank facing a lawsuit from one of its clients attempted to bribe a judge hours before she was due to deliver her judgment, the Judicial Service Commission (JSC) confirmed.
First Banking Corporation (FBC) delivered a gift bag to Justice Esther Mhazo Muremba on March 29 this year, and when its representative was challenged, he claimed it was a “Christmas present.” The bank claimed it sent similar presents to other judges, which the JSC denies.
On Wednesday, the JSC said the incident had been brought to its attention as two senior lawyers said a criminal offence had been committed. The lawyers called for a Law Society of Zimbabwe investigation.
JSC secretary Walter Chikwana said: “Yes, we received a complaint from the judge. For the record, Justice Muremba does not hold an account with FBC and the gift was totally undeserved, unsolicited and unwelcome.”
Asked if other judges had taken gifts from FBC, Chikwana responded: “I’m not aware of any other judges who were given similar gifts.”
FBC Holdings group chief executive John Mushayavanhu said he was “not competent to comment on court matters” when asked to explain the bribe, according to the Zim Morning Post.
On March 29, Justice Muremba informed the FBC legal team and Harare lawyer Nigel Sithole – who was suing the bank – that she would deliver her judgement a day later.
Sithole wanted FBC’s digital platforms to be found in breach of the Money Laundering and Proceeds of Crime Act after a bank account was opened in his name by someone who went on to commit an elaborate “rent-to-buy” fraud.
Sithole said he had learnt from the bank’s loss control department that clients can open a bank account by simply submitting their names and national identity card numbers without furnishing the physical documents for verification. This system left clients susceptible to criminals and fell short of Know Your Client (KYC) verification processes imposed by the central bank, he argued.
Hours after the notice of judgement, FBC’s legal manager Sharon Manangazira delivered the gift bag to the judge’s office. Before ruling against FBC a day later, Justice Muremba referred to the incident and challenged FBC lawyer Dickson Melusi Muchada to explain the “gesture.”
Muchada told the judge that it was a “Christmas gift” they gave to all judges every year. The angry judge questioned why a Christmas gift was being delivered in March, and ordered FBC to collect its parcel before referring the matter to the JSC.
Justice Muremba went on to rule against FBC.
A senior lawyer said the Law Society of Zimbabwe had an obligation to investigate the conduct of the legal team involved.
“FBC must be made to publicly apologise for its actions, and be issued with a cease-and-desist order. There’s also an urgent need for the Law Society to investigate the reported practice by the bank of giving judges gifts, as well as look into whether the legal team involved breached any professional code,” the lawyer told ZimLive, declining to be named for professional reasons.
Advocate Thabani Mpofu, a lawyer practising in Zimbabwe’s superior courts, said: “On the facts you have shared, it appears to me a criminal offence has been committed. The person who delivered the parcel must be arrested. Corrupting a judge is a very serious offence which must give a person not less than 15 years in jail.”
Sithole praised Justice Muremba’s professionalism.
“I have the deepest respect for the judge. She conducted herself with the utmost fairness and transparency. As for FBC, I was quite disturbed by the conduct of the bank. Institutionally, this raises a lot of questions about the types of decisions made at management level,” Sithole said.
