Windhoek
An appeal lodged by a Swaziland national against a three-year sentence he received for dealing in dependence-producing drugs, namely 4 384 kg of cannabis, was dismissed on Monday by Appeal Judges Dinah Usiku and Alfred Siboleka.
According to a Tuesday update on the website of the Judiciary, Vusumuzi Leonard Dlamini was found guilty on his own admission of transporting drugs into Namibia via the Trans-Kalahari borderpost on March 15 for the purpose of selling it in Walvis Bay. The total street value of the drugs was estimated at N$21 290 calculated at N$5 per gram.
Testimony led during the trial is that Deseree Beukes, who at the time was attached to the Drug Law Unit of the Namibian police, received a phone call from the Trans-Kalahari borderpost about a man who was found in possession of cannabis. She and another officer then proceeded to the borderpost, where they found Dlamini already detained.
He was handed to them together with five parcels of cannabis that were allegedly found on his person. His vehicle was then searched and six more parcels of cannabis were recovered.
It was also established that the appellant (Dlamini) had travelled from Swaziland en route to Walvis Bay. He explained to the police that he had friends in Namibia and that he was to deliver the drugs in Walvis Bay.
The parcels of cannabis were weighed in the presence of Dlamini and weighed 4 384kg. The cannabis was properly identified by its unique smell, colour and its uneven leaves containing seeds.
It was further mentioned in the judgment that Dlamini did not deny being in possession of the cannabis at the time of his arrest and that he confirmed that he wanted to come and sell the cannabis, thereby admitting to dealing in cannabis.
He further confirmed that at the time he arrived in Namibia he had hidden the cannabis, which he intended to sell in Walvis Bay, Judge Usiku who wrote the judgement, said. He was thus sentenced to three years’ imprisonment, with one year suspended for five years on condition that he is not found in possession of dependence-producing drugs during the time of suspension.
Dlamini appealed against the sentence, saying the trial court misdirected itself when it did not include a fine as an alternative to direct imprisonment. His legal representative Orben Sibeya argued that the Act, as amended, makes provision for a fine not exceeding N$30 000 or imprisonment not exceeding 15 years or both.
He further argued that a trial court should always consider during sentencing whether justice will not be served by the imposition of a fine.
Advocate Simba Nduna on behalf of the state argued that the offence of dealing in cannabis is a serious one and has the potential of destroying the moral fibre of society. He further said the offence was a well-planned and deliberate act.
Judge Usiku said in her view, the imposition of a fine in serious cases, such as the present one, would be unreasonable considering the quantity of cannabis Dlamini had in his possession. “Fines are not to be imposed in serious cases so as to create the impression that people with money can buy their freedom,” she stated.
Judge Usiku further said she is satisfied that the trial court properly applied its mind during the process of sentencing, having carefully considered the appellant’s personal circumstances, the interests of society and the crime itself and, therefore, the sentence must stand.