Zimbabwe’s official classification of crystal methamphetamine, better known as Mutoriro, as a dangerous drug, following Statutory Instrument 167 of 2024, may trigger a flood of legal challenges.

The amendment to the Dangerous Drugs Act retroactively legitimizes prosecutions, but raises questions about past convictions.

For the past three years, lawyers have been challenging the classification of methamphetamine, arguing that it was not listed as a scheduled drug under Zimbabwe’s Dangerous Drugs Act.

However, this changed on 11 October 2024, when the Zimbabwe Medicines Control Authority, in collaboration with the Minister of Health and Child Care, Douglas Mombeshora, published Statutory Instrument 167 in the government gazette.

This amendment officially includes methamphetamine, along with other substances, as a scheduled drug.

As a result, the state can now charge people found in possession or trafficking methamphetamine under the Dangerous Drugs Act.

Prior to this amendment, several people were convicted, imprisoned, or are serving sentences for violating the law, even though attorneys argued that methamphetamine was not officially classified as a scheduled drug.

This fact can lead to legal challenges, particularly from those who have already been convicted or are serving sentences.

Legal experts said this is likely to open the floodgates of legal challenges, as the state has been charging people under a non-existent law.

Harare lawyer Admire Rubaya disagreed when his clients were arrested.

He has been embroiled in a fierce battle with Zimbabwe’s National Prosecuting Authority over the issue after prosecutors accused his clients of dealing dangerous drugs and were referring to methamphetamine.

While representing his clients Prince Samuriwo and Humphrey Banda in October 2023, Rubaya argued that the charge was defective as the law does not cover such medication.

“The State alleges that the crystal methamphetamine allegedly found in the defendant’s possession is a dangerous drug, but it is not listed under the Dangerous Drugs Act.

“A drug does not become a dangerous drug simply because the general population, the State and politicians want it to be treated as a dangerous drug whose alleged possession is punishable in terms of criminal law.

“A drug can only be dangerous in terms of the law if it fits the definition of a dangerous drug in terms of the law,” Rubaya argued.

Rubaya also presented similar arguments on July 2, 2021, when he represented Anisha Brenda Gumbo, who was charged with alleged trafficking of dangerous drugs, after being found in possession of 89 sachets of methamphetamine.

He argued that offenses are created by statute and not by the courts simply because there was a need to address methamphetamine abuse by the younger generation of Zimbabwe’s population.

“The responsible Minister should specify that methamphetamine is a dangerous drug in terms of section 14 of the Dangerous Drugs Act, otherwise the law as it currently stands does not create an offense for the alleged possession of methamphetamine or any dealing in methamphetamine . “, argument.

In the meantime, the most important question is probably; What will happen to the several people imprisoned by the defective law, since it has been proven that before October 11, methamphetamine was not listed as a dangerous drug?