Published: 13 hours ago

High Court judge Justice Munamato Mutevedzi has urged magistrates to reconsider the blanket practice of automatically ordering the destruction of large quantities of mbanje (marijuana) forfeited to the State, suggesting instead that courts explore whether the seized drugs could be redirected to licensed dealers for medicinal and research purposes.

Justice Mutevedzi made the remarks while reviewing the conviction and sentence of Tapfuma Moyo, who was jailed for possessing more than 40 kilograms of mbanje at the Beitbridge Border Post. Moyo was sentenced on May 21 this year to 15 years in prison, with six years suspended on condition of good behavior. The court had also ordered the forfeiture and destruction of the mbanje.

While upholding Moyo's conviction and the forfeiture order, Justice Mutevedzi questioned the necessity of destroying the seized drugs. He reduced the effective sentence from nine years to six, but took the opportunity to reflect on Zimbabwe's evolving legal framework regarding marijuana.

The judge noted that while Zimbabwe had, for decades, maintained a hardline stance against marijuana cultivation and use — frequently ordering the destruction of seized consignments — the legal landscape shifted significantly in 2018 when the government liberalized the cultivation of cannabis for medicinal and scientific research purposes.

"What remains banned is the growing or use of dagga for recreational purposes," Justice Mutevedzi said. "There are, therefore, businesses, institutions and possibly individuals who are licensed to grow and process mbanje for those specified purposes."

He pointed out that the historical rationale for ordering destruction no longer necessarily applies in all cases. "Throwing 40 kg of mbanje down an incinerator simply because it is tradition may be uneconomical," the judge remarked. "My view is that the trial magistrate ought to have just forfeited the dagga to the State and stopped there. Because there are lawful avenues of dealing with the drug, it would then have been left to the responsible State functionaries to determine how best to deal with it."

Justice Mutevedzi stressed that his comments should not be seen as diminishing the seriousness of drug-related offenses, affirming the judiciary's commitment to supporting efforts to combat drug abuse. "I do not seek to play down the chaos that the scourge of drugs has brought upon society in this country," he said. "There is no gainsaying that the courts must play their role in the fight against the abuse of drugs and other substances."

The judge's remarks are expected to spark debate on how Zimbabwe manages seized marijuana, particularly in light of the country's policy shift towards recognizing its medicinal and economic potential.
- the herald

You might also want to read this

• Zimbabwe suspends cannabis/ mbanje licensing
• Zim MPs want cannabis/ mbanje fees reduced
• Smoking cannabis/ mbanje remains illegal
• Mixed reactions over cannabis legalisation
• Zimbabwe legalises production of cannabis