Online Reporter
Danisa Masuku [email protected]
THE man who was sentenced to effectively serve six years in jail after he and his co-accused were caught with dagga costing US$22 530 had his bail pending appeal dismissed after the court noted that he could abscond.
Archwell Mutanga (43), who was charged with unlawful dealing in dangerous drugs (dagga) as defined in section 156(1)(a) of the Criminal Law (Codification and Reform) Act on Monday had his bail pending appeal dismissed by Bulawayo High Court Judge, Justice Naison Chivhayo.
Mutanga, through his lawyer from Aliyoni Legal Practice, argued that the investigating officer did not find the offender in possession of the drugs and that the video footage showing the apprehension of the offender had not been forensically examined.
The lawyer further argued: “The offender’s phone was taken for forensic examination and no evidence was found.
Furthermore, the investigating officer was not an expert in drugs but is qualified as a mechanic.”
Representing the State, chief public prosecutor Mr Kudakwashe Jaravaza submitted that: “The offender was caught in the car that was carrying drugs. When the rangers became suspicious that he was carrying drugs and signalled to him to stop, he did not stop the vehicle. Instead, he increased speed and hit a security guard who was manning the other gate. The rangers arrested him after they pursued him and caught up with him.”
Mr Jaravaza further submitted that: “The issues that he is raising were not challenged during the trial at the Magistrates’ Court. The fact that he was found in possession of dagga and was the driver of the vehicle carrying dagga was not challenged during the trial.”
In his ruling, Justice Chivhayo said the offender was a flight risk as he was facing a serious crime, and denied bail pending appeal.
The court heard that on 28 March 2026, at around 2PM, the offender and his co-accused persons — Bright Mavusi (27) and Shakemore Mugombe (36) — were in a white Toyota Hilux GD6 double cab, taking turns driving the motor vehicle.
“The offender drove through Bubye Valley Conservancy Road, which was being manned by game scouts. The offender and his co-accused were given a pass to enter the first gate by one of the game scouts, and during the process the scout became suspicious when he noticed that the offender’s motor vehicle had no number plates. They stopped it near the second gate, about to exit,” said Mr Jaravaza.
The court heard that the game scout alerted his colleagues and they teamed up to pursue the motor vehicle using their company car.
“Upon noticing that they were being pursued, the trio sped off, ignoring signals from game scouts. They hit and knocked down one of the scouts, and broke the gate in the process. The motor vehicle then veered off the road, plunged into a stream and broke down,” said Mr Jaravaza.
The offender and his co-accused disembarked from the motor vehicle and ran away. The game scouts chased and instantly arrested them.
“The motor vehicle was searched by the game scouts in the presence of the offender and his accomplices, leading to the recovery of five bales and 63 cobs of dagga from the loading box, which was covered with a canopy. The trio and the recovered dagga were handed over to CID Drugs and Narcotics in Beitbridge, Matabeleland South Province,” the court heard.
One of the offender’s accomplices was acquitted while another absconded and remains at large. The dagga was recorded under ZRP Form 390. It was weighed in the presence of the trio and recorded a weight of 225,295 kilogrammes, with a street value of US$22 530,00.
