The Attorney General, Virginia Mabhiza, said the possession and abuse of Crystal Methamphetamine, commonly referred to as guka makafela or mutoriro, is a prosecutable offence in the courts under the existing laws.
Mabhiza stated that the Dangerous Drugs Act, Chapter 15:02, can be effectively used to prosecute those found in possession or abusing crystal meth.
As reported by The Manica Post, Mabiza’s remarks follow several arguments by lawyers in court that crystal meth is not classified as a dangerous drug as per the existing law.
Some lawyers, representing individuals found in possession of crystal meth, have often argued that the substance is not listed in the Schedule of Dangerous Drugs Act, Chapter 15:02, therefore, being found in its possession is not an offence at law.
However, Mabhiza insisted that those found in possession or abusing guka/mutoriro can still be successfully prosecuted in the courts of law under the existing laws. She said:
Anyone who is found in possession of an illegal drug, like mutoriro which you are mentioning, can be brought before the courts and be successfully prosecuted under the Dangerous Drugs Acts. We have a law that deals with such scenarios.
So, as for mutoriro, the story that there is no law to charge people found in its possession is not correct because, under the Dangerous Drugs Act, such people can still be prosecuted.
However, I can admit that we need to improve our law so that we become more specific in terms of which drugs are we talking about and targeting.
But it is not correct to say that one can go scot-free after being found in possession of mutoriro.
In a recent court case, lawyer Admire Rubaya argued that crystal meth cannot be classified as a dangerous drug, solely on the basis that politicians and general members of the public wanted to refer to it as such.
Rubaya said the Ministry of Justice, Legal and Parliamentary Affairs should first specify crystal meth as a dangerous drug in terms of Section 14 of the Dangerous Drug Act to criminalise its possession and or dealing in it.
He raised the argument while notifying the State of his intention to challenge the prosecution of Anesha Brenda Gumbo on charges of dealing in crystal methamphetamine.
Gumbo had arrested after being found in possession of 98 grammes of crystal meth and was placed on remand at Harare Magistrates’ Court.
However, Mabiza stated that the country’s laws still address the prohibition of possessing crystal meth.
She said this depends on several factors, including mitigating and aggravating circumstances that the accused can present before the courts.
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