A local magistrate has broken from judicial convention and suggested that Zimbabwe's drug laws could be punishing the wrong people while the politically-connected suppliers operate with impunity.
Magistrate Wayne Moyo made the remarks on Wednesday after 21-year-old Sibusiso Baloyi pleaded guilty to unlawfully possession of cannabis. The court heard that detectives on patrol at around 4pm onJuly 2 spotted Baloyi preparing a dagga joint at Maqethukane Business Centre in Gwanda, and recovered a second prepared joint tucked behind his left ear leading to his arrest.
Baloyi was ordered to pay a fine of US$150, failing which he would face a jail sentence of two months.
"It is well recognised that drugs are inherently addictive, and individuals found in possession are often victims of socio-economic hardships rather than mere criminals," Moyo said.
The magistrate said drug abuse carries devastating consequences but that addiction should be treated primarily as a health issue, calling on government to invest in rehabilitation facilities and counselling services.
He added that the law should be directed at dismantling supply networks rather than criminalising users.
"The real culprits behind drug trafficking are often well-connected politically and financially, enabling them to evade arrest and prosecution," he said.
"The court finds that the typical harsh sentences imposed for such offences may be unnecessarily punitive. Instead, a focus on reform and rehabilitation is warranted."
- Record breaker Mpofu revisits difficult upbringing
- ED speaks on prices, exchange rate
- Mapeza looks forward to Bosso challenge
- Illegal gold rush fuels violent crimes
Keep Reading
Moyo noted that the offence already carries a presumptive penalty of a level five fine or a treatment order, which he said demonstrated that the law itself recognises rehabilitation as an appropriate response in suitable cases.
The magistrate cited the Supreme Court's judgment in Zimnat Insurance Company Limited v Chawanda (1990), in which then Acting Chief Justice Anthony Gubbay held that law in a developing country could not afford to remain static and must adapt to changing social realities and evolving views of justice.
