GWANDA – A magistrate has questioned whether Zimbabwe’s drug laws are targeting the right people, arguing that addicts should be treated as victims of socio-economic hardship rather than criminals, while suppliers escape prosecution.
Gwanda magistrate Wayne Moyo made the remarks while sentencing 21-year-old Sibusiso Baloyi, who pleaded guilty to unlawfully possessing dagga after detectives found him with prepared cannabis joints at Maqethukane Business Centre in Gwanda.
Baloyi was fined US$150, payable by August 7, failing which he will serve two months in prison. A further two-month term was wholly suspended for two years on condition he does not commit another offence involving unlawful possession of dangerous drugs.
Moyo said drug abuse has devastating consequences, but that addiction should be viewed primarily as a health issue.
“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,” he said.
Moyo said the law should focus on dismantling supply networks rather than criminalising users, adding that “the real culprits behind drug trafficking are often well-connected politically and financially, enabling them to evade arrest and prosecution.”
“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,” he said, urging government to invest in rehabilitation facilities and counselling services.
The magistrate noted that the offence already carries a presumptive penalty of a level five fine or an order requiring addiction treatment, which he said showed the law recognises rehabilitation as an appropriate response in suitable cases.
Quoting the Supreme Court judgment in Zimnat Insurance Company Limited v Chawanda, Moyo said the law must remain dynamic and adapt to changing social realities if it is to continue serving the interests of justice.
According to the National Prosecuting Authority, detectives on patrol at around 4PM on July 2 spotted Baloyi preparing a dagga joint. They identified themselves before searching him, recovering a second prepared joint tucked behind his left ear. He was arrested.
