DEA’s hands tied on ‘Cat’ possession
After a recent Maun High Court judgment clarified that the possession of Methcathinone popularly known as ‘Cat’ has never been illegal, the newly established Drug Enforcement Agency (DEA)’s hands are tied as it seeks to mount an all-inclusive assault on drugs.
Instead the agency which was recently got a P41 million windfall has issued a warning against Cat use identifying it as harmful like other drugs. In a statement, DEA Director General, Phemelo Ramakorwane, warned members of the public that despite the recent developments, Cat is a potent stimulant with both physical and psychological consequences. Ramakorwane also said the adverse effects of ‘Cat’ include among others nausea, damage to the nasal cavities, nose bleeds, involuntary teeth grinding, blurred vision, mental confusion, liver, kidney, lung and cardiovascular damage which can result in death.
Ramakorwane further stated that methcathinone also causes loss of ability to make rational decisions, depression and anxiety, memory loss, paranoid dilutions and violent behaviours. He stated that a person using ‘cat’ can be a threat to the society urging the general public to reject its use as it is dangerous. “Let us take responsibility as Batswana to protect our youth against illicit drugs. DEA and other stakeholders shall continue educating the nation about illicit drugs and motivate our people to stand firm against drugs,” he said.
He however indicated that while the DEA maybe helpless for now, the Ministry of Health is working on ensuring that methcathinone is included in the list or schedule of illicit substances.
The revelation that Cat had never been illegal came after one Newton Roggy Pelekekae had taken Directorate of Public Prosecutions (DPP) to court. Pelekekae was charged with possession of Methcathinone contrary to Section 4 (1) b as read with Section 4 (5) of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act No. 15 of 2018 before Kasane Magistrate Court. Pelekekae had approached the higher court for the review of the decision of the DPP to charge him contending same to be irrational and unlawful.
In his recent judgment, High Court Judge Godfrey Nthomiwa indicated that the decision of the DPP to prosecute Pelekekae for possession of methcathinone is baseless and unfounded. “There is no law that criminalises possession of Methcathinone in Botswana. The Respondent’s attempt at resorting to Section 14 (d) of the Interpretation Act (Cap 01: 04) only amount to a veiled attempt of escaping the scorn of this court for having acted in an unlawful way for charging someone for an offence that does not exist in our law,” Nthomiwa highlighted.
He said the actions of the DPP are illegal and unreasonable and/ irrational and therefore should be set aside. Nthomiwa added that Section 2 of the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act No. 15 of 2018 states that: an “illicit Substance” means any substance, natural or synthetic, which has been declared as an illicit substance by the Minister responsible for Health.”
“For certainty as to whether methcathinone is listed as an illicit substance by the minister responsible for Health we have to interrogate the Schedule to the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act. Under that schedule there are only two tables in which Methcathinone is not listed under as an illicit substance,” he said.
Nthomiwa added that DPP has no basis therefore of categorising Methcathinone as an illicit substance since it is not categorised as such by the Act itself. “In terms of Section 5 and Section 6 of the Illicit Traffic on Narcotic Drugs and Pshychotropic Substances Act, a person can only be charged for Trafficking in Narcotic Drugs and Psychotropic Substance or on the cultivation of plants for narcotic or psychotropic substances purposes. There is no charge in terms of the Act for possession of a psychotropic substance. The Respondent’s Actions of defining Methcathinone as an illicit substance are therefore baseless at law. They have failed to point to any authority through which they rely for categorising Methcathinone as an illicit substance,” the judge noted.
Police has over the years been troubled by drug peddlers and drug lords as they continue to smuggle drugs into the country. Drugs continue to destroy people’s lives especially the youth and the establishment of the DEA was meant declare a war on drugs and to all loop holes that help drug peddlers and drug lords walk free.
Last week during an Anti-Drug publicity campaign that was held in Maun, the Minister of Defence and Security, Kagiso Mmusi said Botswana Police Service (BPS) based on the number of arrests of suspects uncovered the magnitude of the problem of drugs that is currently ravaging the nation as they have recorded 1 232 cases of drugs in the year 2023 and arrested 1 784 people, of which 116 amongst them were those aged 10 to 19 years old.
Mmusi argued that the youth form a vital percentage of the country’s population and their roles and activities are fundamental in translating the goals of any community hence the need to curb drug use amongst them. He added that by committing to arm itself against the raging war of illicit drug trafficking and use, Botswana continues to put in place robust legislative and policy measures in an effort to combat this rage.
Botswana enacted the Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act in 2018 which also established the Drug Enforcement Agency (DEA). The Act is mandated to combat and eliminate the illicit production and supply of, demand for and traffic in narcotic drugs and psychotropic substances that pose a serious threat to the health and welfare of human beings and adversely affects the economic, cultural and political foundations of society.
Informed by their investigations police have established that most of these drugs are imported into the country by citizens, in collusion with foreign nationals and they continue to smuggle them into the country despite police’s efforts.