The Herald, February 24, 1986
A GREY-HAIRED emaciated old man convicted of possessing 12kg of mbanje has avoided a stiff jail term because of his advanced age.
Saidi Siansakala of Karoi, who cannot tell his age, got away with a $50 fine (or 50 days’ jail) when he appeared before Harare High Court judge, Mr Justice Mfalila, on Friday.
“If it wasn’t that you are an old man, the court would have imposed a stiff penalty on you because the amount of dagga you were in possession of was quite large. It is fortunate that because of your age, a long prison term will not do any good.”
Siansakala who admitted to the court that he intended to sell the mbanje was also warned that if he was caught dealing in mbanje again, he would be sent for a long prison term including a 12-month jail term that was wholly suspended.
But, a 22-year old woman, Eneti Muzenyi, also found with a large quantity of mbanje for sale, did not get off that easily.
After telling the court that she had started selling mbanje to raise money to maintain her young child and old parents, Mr Justice Mfalila said the defence of necessity could not be considered by the court because mbanje was a very dangerous drug.
Muzenyi was sentenced to 18 months’ imprisonment, six months of which were suspended for five years.
LESSONS FOR TODAY
The peddling of dangerous drugs such as mbanje (marijuana or dagga or hashish or cannabis), is a serious offence, since the drugs have serious health implications on people who take them.
The country is battling to rid itself of dangerous drugs such as crystal meth, which is having a detrimental effect on the well-being of the youth.
Old people have a responsibility to be law abiding citizens and to instil good moral ethics especially in young people and as such should not be engaging in illegal activities such as drug peddling.
The elderly sometimes use age to their advantage but they should not abuse that loophole. The man in the story got away with a light sentence but was strongly warned that he would be sent to jail for a long time if he was caught peddling drugs again.
Under Statutory Instrument 2018-062 on Dangerous Drugs (Production of Cannabis for Medicinal and Scientific Use) Regulations, Zimbabwe became the second African country to legalise the growing of marijuana for medical and scientific purposes. The operational framework is administered through the Zimbabwe Investment and Development Agency’s (ZIDA) One Stop Investment Service Centre.



