Online Reporter
Danisa Masuku [email protected]
A BULAWAYO landlord accused of bursting into a tenant’s room while she was naked and damaging another tenant’s property was at the centre of a courtroom exchange that sparked laughter after a police officer failed to describe the smell of dagga he claimed to have detected on the accused.
Sifelani Mahlangu (48) of Bellevue suburb appeared before Bulawayo Magistrate Ms Pride Muchembere on Monday facing charges of criminal insult as defined in Section 95(1)(b) of the Criminal Law (Codification and Reform) Act, malicious damage to property and smoking dagga as defined in Section 157(1)(b) of the same Act.
Mahlangu is represented by Mr Tanashe Dzipe.
A State witness, police officer Najo Siyanyola, who is stationed at the Drugs and Narcotics section, told the court how officers arrested Mahlangu after receiving a tip-off that he was smoking dagga at his home.
“We received a tip-off that the accused was smoking dagga at his home and rushed there. When we got there, we went to his room and he smelled of dagga. We recovered eight stubs of dagga, after which we arrested him,” he said.
During cross-examination, Mr Dzipe asked Siyanyola to describe the smell of dagga.
Siyanyola laughed before responding: “I’m a qualified police officer with more than 10 years’ experience. I know how dagga smells.”
Mr Dzipe repeated the question, asking: “How does dagga smell?” Siyanyola was unable to provide an answer, prompting laughter from the public gallery.
Mr Dzipe also asked whether police had taken the accused’s saliva and the dagga stubs for DNA profiling, to which Siyanyola said they had not.
The matter was postponed to today for judgment. Prosecuting, Ms Brenda Ndlovu told the court that Mahlangu first got into trouble with his tenants on May 29 this year.
“On 29 May at around 9am, the accused stormed into Patience Tavashavira’s room and found her naked, applying lotion as she had just finished bathing. After that, an altercation ensued,” she said. Ms Ndlovu said Mahlangu was involved in another altercation with his other tenant, Mr Pedzisai Museve, on the same day.
“The accused damaged Mr Museve’s TV and wardrobe,” she said. The court heard that Mahlangu later locked Tavashavira’s room.
“Tavashavira returned later in the evening and found her room locked. She spent a couple of hours outside before reporting the matter to the police,” said Ms Ndlovu. On August 2, police officers allegedly received a tip-off that Mahlangu was in the habit of smoking dagga at his home.
“They went to the accused’s place and recovered eight stubs of dagga and the accused was smelling of dagga. The accused was then arrested,” said Ms Ndlovu.
