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MBABANE - Dagga dealers are also not off the hook.
This is because the Crown will now implore the courts to issue custodial sentences against those who are found in possession of the habit forming drug. The Office of the Acting Director of Public Prosecutions (DPP), Lomvula Hlophe, according to insiders, had instructed prosecutors to ‘fight’ for sentences that would be without an option of a fine against those who were found in possession of dagga. Currently, dagga dealers are assured that once arrested, they would be sentenced and afforded an option of a fine.
Convincing
The acting DPP, according to a source, instructed the prosecutors to up their game when it comes to such cases. In convincing the courts, the prosecutors, according the source, would use previous court judgments where people, who were found in possession of dagga, were given a custodial sentence. One of the cases, where a custodial sentence was issued, was that of Mzikayifani Mncina and Vusi Nhlengetfwa.
Their matter went to the Supreme Court, which reduced the seven-year
need to categorically put things into perspective concerning the call from the King, which he made during the official opening of the Fifth Session of the 11th Parliament. “His Majesty King Mswati III’s call was inspired by the African sentences without an option of a fine and three years was suspended on condition that they were not found guilty of any offence mentioned in Section 7 of the Opium and Habit Forming Drugs Act 37 of 1922 or Section 12 of the Pharmacy Act No. 38 of 1922 as amended, committed during the period of suspension.
Evidence
Just last week, the prosecution at the Mbabane Magistrates Court led evidence against a group of people who had been found in possession of dagga as opposed to just accepting the plea of the individual who would claim ownership. In the past, the prosecution would apply for the withdrawal of charges against all those who were being exonerated by the alleged owner and then deal with him or her. In most instances, the alleged owners who then claim ownership upon arrest with others are the elderly.
A legal expert said courts are usually lenient against senior citizens, hence they were used as smokescreen by dagga dealers. Again when reached for comment, the acting DPP asked not to comment, saying this was an administrative issue.
Union’s Agenda 2063. It aspires to end wars and conflicts, prevent genocide and stop gender-based violence,” the spokesperson explained.
He added; “It seeks to free Africa from the many destructive effects of gun-re