2 arrested for dagga, 1 acquitted
MBABANE – Two men aged 37 and 46 were held at Ngwenya Border Gate after being found in possession of dagga, however, one was acquitted.
Moses Ciniso Gadlela of Bulunga under Chief Mdlaka Gamedze and Kudakwashe Desmond Nhawara of Zimbabwe, now residing in Johannesburg, appeared on Tuesday at the Mbabane Magistrates Court after being charged for contravening Section 12(1)(c)(i) of the Pharmacy Act Number 38 of 1929. The duo allegedly committed the offence on May 24, 2022. When the charge sheets were presented before Magistrate Chazile Thwala, Gadlela pleaded guilty to both charges against him; one being, the possession of 11kg of dagga as well as using someone else’s passport to travel to and fro South Africa. Nhawara pleaded not guilty and was then acquitted and discharged. Gadlela, who was driving a white truck Mercedes Benz, registered JN 71 MJ GP, was found using an Eswatini passport belonging to Siboniso Winfred Lukhele. He said he gave someone a lift from the border to Carolina where they then took different routes. He said Lukhele took his passport by mistake and discovered that
COUNT ONE:
Sentenced to two years imprisonment with an option to pay a fine of E5 000 and
COUNT TWO:
Sentenced to five months imprisonment with an option to pay a fine of E500. Magistrate Thwala stated that both sentences would run concurrently. when he was already in Johannesburg.
“I gave Lukhele a lift, who told me that he was heading to Carolina where I dropped him off. He took my passport by mistake, as I did not realise that earlier. I took note after my boss told me to produce my passport so that he prepares documents for my next destination,” said Gadlela.
He told the court that upon arrival at the border gate, he communicated with someone at the agent point, where all the documents were then changed to Lukhele. He said he then gained entry into Eswatini. Detective Zandile Mkhonta based at Ngwenya Border Gate told the court that the dagga balls were wrapped in a brown tape and stashed into a black plastic bag. She said the dagga, which was in two bags, was found in the cabin of the horse and trailer. She said after investigating, she then took them to the Mbabane Police Station.
Gadlela, a father of two pleaded for leniency before the court. He said he was deeply sorry for the crimes he committed. The Prosecutor, Chris Sibandze, told the court that the accused must be found guilty in both counts, as he failed to cross-examine the witness. He said the way he wrapped the dagga was also evident that it was meant for commercial purposes.