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High Court slashes harsh 15-year jail term for cannabis dealer
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The High Court has sharply criticised and overturned a 15-year prison sentence imposed on a Beitbridge man convicted of dealing in cannabis, citing gross misapplication of the law and failure to consider mitigating factors and sentencing guidelines.
Tapfuma Moyo was convicted on 21 May 2025 after being caught with 40.56 kilograms of cannabis (locally known as mbanje) at the Beitbridge Border Post. He pleaded guilty and was sentenced by a regional magistrate to 15 years' imprisonment, with six years suspended.
However, in a strongly-worded review judgment, Justice Mutevedzi - sitting with Justice Ndlovu - ruled that the sentence was both procedurally flawed and excessively harsh. The court noted that under Zimbabwean law, cannabis is not classified among the dangerous drugs that attract mandatory minimum sentences, even in cases involving aggravating circumstances.
Justice Mutevedzi highlighted that cannabis has been "separated from all other dangerous drugs and placed in a special category," noting its growing global and local acceptance for medicinal and economic purposes.
"The maximum sentence an offender can receive for unlawful dealing in mbanje is 15 years' imprisonment," the judge ruled. "The jurisprudence in sentencing is that the maximum penalties must be reserved for the worst types of a given crime. The trial magistrate erred in treating 15 years as a presumptive sentence."
The judgment further stressed that courts must first consider imposing fines before resorting to imprisonment, especially for first-time offenders - a principle the magistrate failed to observe in Moyo's case.
The High Court also criticised the magistrate's order to destroy the confiscated cannabis, pointing out that Zimbabwe liberalised cannabis cultivation for medicinal and research purposes in 2018.
"Throwing 40 kilograms of mbanje down an incinerator simply because it is tradition may be uneconomical," Justice Mutevedzi remarked.
Ultimately, the High Court reduced Moyo's sentence to nine years' imprisonment, with three years suspended on condition of good behaviour for five years. The revised sentence reflects an effort to strike a balance between deterring drug trafficking and ensuring proportionate punishment.
The court directed that the trial magistrate recall Moyo to inform him of the amended sentence.
This ruling is expected to influence future sentencing in cannabis-related offences and could accelerate policy discussions around how cannabis is treated within Zimbabwe's legal system.
Tapfuma Moyo was convicted on 21 May 2025 after being caught with 40.56 kilograms of cannabis (locally known as mbanje) at the Beitbridge Border Post. He pleaded guilty and was sentenced by a regional magistrate to 15 years' imprisonment, with six years suspended.
However, in a strongly-worded review judgment, Justice Mutevedzi - sitting with Justice Ndlovu - ruled that the sentence was both procedurally flawed and excessively harsh. The court noted that under Zimbabwean law, cannabis is not classified among the dangerous drugs that attract mandatory minimum sentences, even in cases involving aggravating circumstances.
Justice Mutevedzi highlighted that cannabis has been "separated from all other dangerous drugs and placed in a special category," noting its growing global and local acceptance for medicinal and economic purposes.
"The maximum sentence an offender can receive for unlawful dealing in mbanje is 15 years' imprisonment," the judge ruled. "The jurisprudence in sentencing is that the maximum penalties must be reserved for the worst types of a given crime. The trial magistrate erred in treating 15 years as a presumptive sentence."
The High Court also criticised the magistrate's order to destroy the confiscated cannabis, pointing out that Zimbabwe liberalised cannabis cultivation for medicinal and research purposes in 2018.
"Throwing 40 kilograms of mbanje down an incinerator simply because it is tradition may be uneconomical," Justice Mutevedzi remarked.
Ultimately, the High Court reduced Moyo's sentence to nine years' imprisonment, with three years suspended on condition of good behaviour for five years. The revised sentence reflects an effort to strike a balance between deterring drug trafficking and ensuring proportionate punishment.
The court directed that the trial magistrate recall Moyo to inform him of the amended sentence.
This ruling is expected to influence future sentencing in cannabis-related offences and could accelerate policy discussions around how cannabis is treated within Zimbabwe's legal system.
Source - zimlive
