HARARE – Legal experts say the declaration of crystal meth (mutoriro) as a dangerous drug is likely to lead to endless legal battles as hundreds of people have been convicted and jailed before the declaration in recent years.

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

The fight was whether methylenedioxyamphetamine, 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 accepted the publication of Statutory Instrument 167 of 2024 in which the Medicines Control Authority of Zimbabwe, in consultation with the Minister of Health and Child Care, made changes . to the Dangerous Drugs Act.

Meanwhile, several people have been convicted, jailed and others are serving various sentences under the previous legal regime, which lawyers say did not criminalize the possession of methamphetamine, but only methylenedioxyamphetamine.

Legal experts say the change in the law is likely to open up a number of legal challenges.

Harare lawyer Paida Saurombe said: “The constitution is clear that every person has the right not to be convicted of an offense which was not an offense at the time it occurred.

“Those convicted of non-criminal offenses have a remedy to have those convictions and sentences vacated.”

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

Prince Samuriwo and Humphrey Banda pleaded not guilty when they appeared in court in October 2023, with Rubaya arguing that the charge was flawed because 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 criminally punishable. A drug can only be legally dangerous if it is one that falls within the definition of a legally dangerous drug,” Rubaya argued.

Rubaya also made similar arguments on July 2, 2021, when she represented one Anisha Brenda Gumbo, who was charged with allegedly trafficking dangerous drugs after being found in possession of 89 sachets of crystal methamphetamine.

The lawyer argued that the offenses are created by statute and not by the courts simply because there is a need to address youth meth abuse.

“The Minister responsible should specify crystal methamphetamine as a dangerous drug under section 14 of the Dangerous Drugs Act, otherwise the law as it currently stands does not create an offense for alleged possession of crystal methamphetamine or any dealings in crystal methamphetamine . “, he argued then.

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

Bulawayo-based lawyer Nkosiyezhe Mpofu said: “The question now is, what will happen to the more people incarcerated because of the flawed law because it has been shown that before October 11, methamphetamine was not listed as a dangerous drug?”

Source: ZimLive