Woman arrested after drugs fall out of child's school bag
Published: 2013 September 09 16:52:14 (4927 Views)
A woman from Nkayi rural area who was sentenced to 140 hours of community service for possessing mbanje has appealed against the sentence.
Sithabile Ndebele (49) approached the High Court of Zimbabwe through her lawyer Mr Matshobana Ncube, of Phulu and Ncube Legal Practitioners.
The appeal was heard by High Court judges Justices Lawrence Kamocha and Martin Makonese.
Ncube told the court that the state failed to prove that marijuana belonged to his client.
He said his client told the court that the drugs belonged to one Andrew Ncube but the state failed to look for him.
Mr Whisper Mabhaudhi of the Attorney General's Office argued that Ndebele had refused to allow three police officers into her bedroom because she knew that she had mbanje in the house.
The bench of Justices Kamocha and Makonese had reservations that the mbanje belonged to Ncube who was never brought to court and they reserved judgement indefinitely.
Nkayi resident magistrate Mr Ndumo Masuku had sentenced Ndebele to six months in jail.
Two months of the sentence were suspended for five years on condition of good behaviour while the remaining four months were suspended on condition she performs 140 hours of community service at Hugh Beadle Primary School in Bulawayo.
Ndebele was arrested after a child who stays with her unknowingly went to school with a satchel.
The drugs dropped out and other students reported to school authorities prompting a report to the police.
- Newsbite
Sithabile Ndebele (49) approached the High Court of Zimbabwe through her lawyer Mr Matshobana Ncube, of Phulu and Ncube Legal Practitioners.
The appeal was heard by High Court judges Justices Lawrence Kamocha and Martin Makonese.
Ncube told the court that the state failed to prove that marijuana belonged to his client.
He said his client told the court that the drugs belonged to one Andrew Ncube but the state failed to look for him.
Mr Whisper Mabhaudhi of the Attorney General's Office argued that Ndebele had refused to allow three police officers into her bedroom because she knew that she had mbanje in the house.
The bench of Justices Kamocha and Makonese had reservations that the mbanje belonged to Ncube who was never brought to court and they reserved judgement indefinitely.
Nkayi resident magistrate Mr Ndumo Masuku had sentenced Ndebele to six months in jail.
Two months of the sentence were suspended for five years on condition of good behaviour while the remaining four months were suspended on condition she performs 140 hours of community service at Hugh Beadle Primary School in Bulawayo.
Ndebele was arrested after a child who stays with her unknowingly went to school with a satchel.
The drugs dropped out and other students reported to school authorities prompting a report to the police.
- Newsbite
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