Online Reporter
Nyore Madzianike
Senior Reporter
HIGH Court judge Justice Munamato Mutevedzi has called on magistrates to reconsider the automatic blanket destruction of large amounts of mbanje forfeited to the State and instead see if there is need for possible transfer to licensed dealers for medicinal and research purposes.
Justice Mutevedzi said although the country endured decades of running battles with, and relentless prosecution of growers, users and peddlers of mbanje, Zimbabwe was among a growing list of jurisdictions slowly softening their approach to accommodate the drug.
He noted that Zimbabwe liberalised the growing of mbanje for medicinal and research purposes in 2018.
Justice Mutevedzi acknowledged that the trend had previously been to order the destruction of mbanje upon conviction of dealers, because in Zimbabwe, its possession, whether by the State or anyone else, was intrinsically unlawful.
He believes things have changed since the Government’s 2018 decision.
“What remains banned is the growing or use of dagga for recreational purposes,” he said.
“There are, therefore, businesses, institutions and possibly individuals who are licensed to grow and process mbanje for those specified purposes.
Justice Mutevedzi made the remarks when Tapfuma Moyo’s conviction and effective nine years sentence for possession of more than 40kg of mbanje was taken to the High Court for review upon his conviction on charges of unlawful dealing in dangerous drugs.
Moyo was arrested after being found in possession of 40,56 kilograms of mbanje at the Beitbridge Border Post.
He was sentenced to 15 years in jail, with six years suspended on condition of good behaviour, by the Beitbridge Regional Magistrate on May 21 this year.
The court also ordered the forfeiture and destruction of the mbanje. The judge agreed with the conviction, but cut the effective sentence to six years, and agreed with the order for forfeiture, but queried the second order for its destruction.
“That order of forfeiture was correct,” the judge said. “What was anomalous in my view was to order that the dagga be destroyed.”
Acknowledging the evolving legal framework around marijuana in Zimbabwe, the judge noted: “I admit that the trend previously has been to order the destruction of mbanje because in Zimbabwe, its possession whether by the State or anyone else was intrinsically unlawful. But things have since changed.
“Throwing 40 kg of mbanje down an incinerator simply because it is tradition may be uneconomical. My view is that the trial magistrate ought to have just forfeited the dagga to the State and stopped there.
“Because there are lawful avenues of dealing with the drug, it would then have been left to the responsible State functionaries to determine how best to deal with it,” he said.
Justice Mutevedzi then reduced the sentence from the original 15 years to nine years with three years suspended, reducing the effective sentence from nine years to six years.
Justice Mutevedzi underscored the judiciary’s ongoing commitment to fighting drug-related crimes.
“I do not seek to play down the chaos that the scourge of drugs has brought upon society in this country,” he said.
“There is no gainsaying that the courts must play their role in the fight against the abuse of drugs and other substances.
“The sentiments of the courts have always shown their steadfastness in that fight.”
