The Mercury
The shoe was on the other foot for Durban prosecutor Phumzile Msimango when she appeared in the Durban Magistrates Court for allegedly accepting a bribe. She was arrested during a sting operation by the police. Picture: SBonelo Ngcobo
Durban – A Durban prosecutor who was arrested for allegedly taking a R1 000 bribe from an advocate this week would ensure that a suspect’s fingerprints were not taken so they would not have a criminal record.
Details of this arrangement emerged in the Durban Magistrate’s Court on Wednesday where Phumzile Msimango was released on R10 000 bail.
Msimango, 33, employed by the National Prosecuting Authority (NPA) for the past six years, was arrested on Tuesday following a sting operation by the police’s KwaDukuza cluster task team.
Msimango allegedly solicited a R1 000 bribe from the advocate representing a suspect facing assault and fraud charges.
Senior public prosecutor Barend Groen told the court that R500 of the bribe was recovered in Msimango’s purse while the rest was found in her office.
Msimango appeared unfazed and was composed during the hearing.
Groen did not oppose bail.
Defence attorney Clinton Short argued that his client had no previous convictions or pending cases.
The court heard that Msimango earned a salary of R14 000, had a two-year-old child and lived in the city centre.
Magistrate Vanitha Armu at first set bail at R3 000 but
Groen opposed the amount, arguing that R20 000 had been discussed with Short, before the court hearing.
Short confirmed that R20 000 was “discussed” but that he did not agree.
Groen said Msimango was still employed by the NPA, was not suspended and the bail amount should be “nothing lower than R10 000”.
He also revealed that the State was expecting that more complainants would come forward.
Armu then set bail at R10 000.
She ruled that Msimango had to report to the Dr Yusuf Dadoo (Broad) Street police station every Monday, Wednesday and Friday between 6am and 6pm; that she not communicate with the clerk or the orderly in court F; and that she inform the investigating officer if she changed her address. She may also not apply for a passport.
Msimango complained, through Short, about the photographers in the courtroom, but the magistrate said she had allowed them.
The case was postponed to July 25 for further investigation.
Outside the courtroom Short told The Mercury that he would take the bail application on review.
KwaZulu-Natal NPA spokeswoman Natasha Ramkisson said Msimango could report for work on Thursday.
“We’ll allow for internal processes to take their course,” she said.
The Mercury
