HARARE – Legal experts say the declaration of methamphetamine (mutoriro) as a dangerous drug is likely to lead to drawn-out legal battles, as hundreds of people were convicted and imprisoned before the declaration in recent years.

On October 11, 2023, the government of Zimbabwe classified methamphetamine as a dangerous drug. Prior to the declaration, there were legal battles with lawyers arguing that methamphetamine is not a scheduled drug under the Dangerous Drugs Act, however the National Prosecuting Authority was seeking convictions for those found in possession.

The fight was whether methylenedioxymethamphetamine, which is illegal to possess under the law, is the same drug as methamphetamine. Lawyers have consistently argued that the two have a different chemical composition, and now the government appears to have relented with the publication of Statutory Instrument 167 of 2024 in which the Zimbabwe Medicines Control Authority, in consultation with the Minister of Health and Child Care, introduced modifications. to the Dangerous Drugs Law.

Meanwhile, several people have been convicted, imprisoned and others are serving various sentences based on the previous legal regime that, according to lawyers, did not criminalize the possession of methamphetamine, only methylenedioxymethamphetamine.

Legal experts say the law change will likely open the floodgates of legal challenges.

Harare lawyer Paida Saurombe said: “The Constitution is clear: everyone has the right not to be convicted of a crime that was not a crime at the time it was committed.

“Those convicted of crimes that are not crimes have a remedy to overturn those convictions and sentences.”

Lawyer Admire Rubaya has been embroiled in a fierce battle with the NPA after two men he represents were charged with possession of dangerous drugs after being arrested with methamphetamine.

Prince Samuriwo and Humphrey Banda pleaded not guilty when they appeared in court in October 2023, and Rubaya argued that the charge was flawed as the law did not list crystal methamphetamine (or its legal name, methamphetamine) as a dangerous drug.

“A drug does not become a dangerous drug simply because the general population, the NPA and politicians want it to be treated as a dangerous drug whose alleged possession is punishable in terms of the 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 made similar arguments on July 2, 2021, when he represented Anisha Brenda Gumbo, who was charged with allegedly trafficking dangerous drugs and found in possession of 89 sachets of methamphetamine.

The attorney argued that crimes are created by statute and not by the courts simply because youth methamphetamine abuse needs to be addressed.

“The responsible Minister should specify methamphetamine as 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 alleged possession of methamphetamine or any dealing with methamphetamine. ”, he argued then.

The government finally appears to have relented, admitting a loophole in the law.

Bulawayo-based lawyer Nkosiyenzile Mpofu said: “The question now is: what will happen to the various people imprisoned under the flawed law, as it has been proven that before October 11, methamphetamine was not listed as a dangerous drug?”

Source: ZimLive